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1 . f 

THE PLAN 


CLOSE THE KEBELLION, 


1 

KM) Ul^ITE THE STATES IN SIX MONTHS, 


THE UNION, 


WHY, AND HOW, IT MUST AND WILL BE PlfESEEVED. 


S^-XSi-iim^TN^ nP"<^2^'^ 


v7y\>\jrZyJ--'-^ <^v_ylc5^S^^ 



THE UNION 



AVHY AND HOW IT MUST 



AND ¥ILL BE PRESEEVED, 



TOGETHER WITH THE PLAN TO CLOSE THE REBELLION AND UNITE 

THE STATES IN SIX MONTHS, WHICH WE OFFERED THE 

PUBLIC FOR $500, MARCH 9tH, 1863. 



BY MRS. JANE P. THURSTON. 




y^t 



PORTLAND: 

PRINTED FOR THE PUBLISHER. 
1863. 



PREFACE. 



The Author of this treatise, sustaining the theory that the Divine Govern- 
ment, the Family Government, and the National Government, are based upon 
the same principle of Unity, by Covenant, and that tampering with the Cove- 
nant in either case, will destroy the Government, as it destroys tlie basis on 
which the Government rests. If the understanding of the peojile is so dark- 
ened that they cannot comprehend it. North and South, the Scripture injunc- 
tion will be the most appropriate. The end of all things is at hand, be jq 
therefore sober, and watch unto prayer. The Apocrypha teaches us tha t 
four wise^men were brought before the king, and were to be rewarded by 
him with the rank of second in the kingdom, for the wisest saying. The flrst 
said, with regard to the question — What is the strongest thing on earth ? — 
the Kiyig, and gave his reasons ; the 2d said Wiiie, and gave his reasons ; 
the 3d said Woman, and gave his reasons ; the 4th said Truth, and gave his 
reasons, and he was accepted and rewarded by the King as second in his 
kingdom, and all the people shouted and said, " Great is Truth, and mighty 
above all things." — 1st Edras, 4th Chap. 



THE UNION. 



Faith is the secret of all power. "Believe in the Lord your 
God, so shall ye be established. Thus saith the Lord unto you, 
be not afraid, nor dismayed by reason of this great multitude, 
for the battle is not yours, but God's. To-morrow go ye down 
against them. Behold I say, how they reward us, to come to 
cast us out of Thy possession, which Thou hast given us to 
inherit. 

O, our God! wilt Thou not judge them? for we have no mig-ht 
against this great company that cometh against us ; neither 
know we what to do; but our eyes are upon Thee. And all 
Judah stood before the Lord, with their little ones; their wives 
and their children. 

Ye shall not need to fight in this battle. Set yourselves, stand 
ye still, and see the salvation of the Lord with you, Judah and 
Jerusalem : fear not, nor be dismayed ; to-morrow go ye out 
against them, for the Lord will be with you. Praise the Lord, 
for his mercy endureth forever. " 

Li May, 1859, after bowing with our little ones before the 
Lord, and groaning in spirit said, behold a great company 
cometh against us, Lord, and we know not what to do, we 
rose up and opened the sacred page at the eleventh verse 
of 2d Chronicles, 20th chapter, and the burden was instantly 
removed, as though a crushing weight had fallen from our 
shoulders. " The peace of God, which passeth knowledge," 
took possession of the mind, our burden was cast upon the Lord, 
and we have ever had since that time, fall fixith that it is God's 



6 

work, and he will establish it, to all that believe in him, and bring 
it to pass. I saw that icorks must attend faith, and went accord- 
ing to the Word taught, "To-morrow go ye down against them," 
and on the morrow I went to the ablest counsellor, the 
Solomon of the United States, and told him how they, the 
owners, rewarded us for all our labors to save the ship, on her 
passage from Europe to New York, in winter of 1859. And how, 
with my little ones, we picked the oakum to fill the seams of the 
deck, which opened by the stress of weather; and gave cotton 
pillows to fill the vacuum in the only useful pumps, and our tubs 
to cooper over the tarred canvass which covered the cotton that 
filled the vacuum in the pump, and which kept the leaky ship 
afloat 'till we arrived safely at New York in forty-eight days, 
told him of God's providential hand, so wonderfully and miracu- 
lously displayed in all our passage, and safe arrival home ; told 
also of the prayer of faith ofiered as the bark lay on her beam 
ends with all her sails set, in a heavy squall of wind and rain ; 
told him of the prayer of faith offered np each morning and 
evening by the little ones, to the God of Heaven, for a speedy 
and a safe return to New York ; after many days with a head 
wind, and a sick parent, (their father who was captain of the 
ship,) who was paralyzed, and apparently about to enter the eter- 
nal world ; the prayer of faith constantly ascended ; told him of 
the answer to prayer and the speedy convalescence of the captain, 
— of our officers. The chief officer just out of his minority on the 
passage, the second mate intemperate, the cook a mulatto, who 
took advantage of the captain's illness, and but for his severe, 
providential illness, in the early part of the passage, or in case of 
the death of the captain, would have struggled, doubtless, to 
have taken the ship ; as it was, he nearly killed the second mate 
in a fight at Marseilles. The second mate was a kind, true- 
hearted, Sweedish sailor, and dealt the medicines and attended to 
the cook, which could hardly have been expected of one less kind 
hearted; but mark the result. AVhen we arrived at New York, 
the second mate was laid wait for by the cook, or his hired gang, 
and nearly killed in a fight, and then brought before the court 



and made to pay every dollar of his hard earnings. Hard earn- 
ings ! I say, and well I may say that. Oh, how little do those 
realize through how much suffering, and toil, the luxuries and 
comforts of life come, who have never been on ship-board in 
heavy weather, with the seas running mountain high, a leaky 
ship, a light crew, who are constantly kept at the pump, an ugly 
cook, a sick captain, and unexperienced officers. 

What hardships have the Slaves of the South to endure, com- 
pared with it ? "In every life upon this earth there is effort, failure, 
and success; asjDiration, despondency, and victory; hope, despair, 
and triumph." In other words, life, death, and resurrection. 
Despair not, Christian pilgrim, though the sky be utterly over- 
cast, and thou can'st see " no light in earth or Heaven," no sweet 
hope, no fair possibility of life. Despair not, thou art only pass- 
ing through the valley of shadows, and by the very blackness of 
the shadows on thy forward path, judge the brightness of the 
light beyond, that casts it. Thou must pass through the shadow 
to arrive at the light. Be good, be wise, be strong; keep truth 
though hope itself should fail, and thou shall ascend into life and 
light. So it was with our Savior ; so it is with the lowliest dis- 
ciple that takes up the cross to follow Him, so it may be with us, 
" for one event happeneth to all." To be the medium of animat- 
ing, sustaining, or redeeming life to all within our sphere, we 
must exercise the power of faith ! Faith will remove mountains, 
or give them the appearance of mole hills. Like the boy, who 
was commanded by his father to carry under shelter a load of 
wood, which had been deposited outside of the wood shed ; we 
must not stand in despair, viewing the whole load, but take the 
Fathers viezv, that it is composed of sticks and one stick can easily 
be taken at a time, until the whole load is sheltered. People 
often say to me : " Why, you have a large load to carry, if you 
expect to remove old prejudices, and customs of nearly a 
century." You may as well think of reuioving mountains ! My 
faith has not reached that standard yet ! If your faith has, God 
speed you in the right ! God speed you in the right ! How 
much is involved in the meaning of the word right ! or truth ! 



What is truth ? was asked by Pilate. Is it definable ? Is it 
solid ? We answer, it is definable, as we will presently show. 
It is solid as the Eock of ages, its author ; nothing- can be done 
against it; it will rise again if crushed to the earth. Therefore, 
despair not, for the mighty power of God's truth must ultimately 
triumph and prevail. In my first attempt at writing, on the 
" Preservation of the Union," which was nearly a year after the 
experience alluded to in one reference to the opening of the 
Scriptures, which gave so graphical a view of God's Omnipo- 
tence, Omniscence, and Omnipresence, or His Sovereignty in 
earth, as in Heaven. The cry of the news boy in the street, 
*' South Carolina seceded," struck mournfully, like a death knell, 
upon my ear, and the thought, what would my father say, had 
he lived to hear that sound. I thought of his cherished, patriotic 
words, which I had treasured up, on reading or writing for him ; 
and I felt constrained, as though a fire were consuming me, to 
write something that he would dictate if living. 

I commenced writing my first pamphlet entitled " The Union 
of the States, and how they may be preserved," Saturday, July 
12, 1861. On the 9th page a vivid description is given, related 
in the following prophetic words : 

" Hark ! from whence cometh that cry to the Almighty for 
deliverance from the oppressor. Listen as you hear the sup- 
plication of that stricken widow, as she bows with her little ones 
in prayer, for blessing on her persecutors, that the Lord will 
turn their hearts and open to her the door of deliverance — "and 
will not God avenge his own elect, which cry day and night 
unto Him, though He deal long with them ; I tell you He will 
avenge them speedily. Nevertheless when the Son of man com- 
eth shall He find faith on the earth." See, the door is already 
opening. She rises from her attitude of prayer, and opens and 
reads to her astonishment and comfort, the promises of her 
Heavenly Father, from 2d Chron. 20. 11 to 17 verses. 

The promises enter her soul, and behold the troubled waters 
of her soul become calm. The Lord enlightens her understand- 
ing, and shows her the open door of deliverance. Bless the 



9 

Lord, Oh my soul and forget not all his benefits. Hear His 
injunction : This is the way, walk ye in it. Show the path of 
deliverance to the nation, viz : Let them as a nation, one and all, 
" perform upon the Lord their vows," and the Union of the States 
is saved. 

That the Personal Liberty Law conflicts with their Oatli^ and 
therefore it should be taken from the Statute Books, and not a 
trace of it left to disgrace their faith in God, who has said that 
" He swear by Himself because He could swear by no greater." 
The personal liberty laws are void, inasmuch as they conflict 
with the Constitution, which was founded on the oaths and com- 
promises of our Fathers, and thus became the Law of our fair 
heritage. 

It is a maxim or truth, in law, that all contracts for the per- 
formance of unlawful acts are void, and that when one party 
refuses to fulfil an executory contract, the other is entitled to an 
equivalent in damages for the direct gains which he would have 
realized from the performance of the same. 

Any child of ten years can understand by reading the above 
sentence, that the North will be holden to pay an equivalent for 
the Slave that they withhold from the South, or else they would 
annul the contract. The oath of allegiance to the Constitution 
which binds the States together into Union, and thereby draw 
upon themselves the punishment of imprisonment for violating 
their oath, What King going to war, sitteth not down first and 
counteth the cost ? Let us estimate the cost of a civil war. A 
war among the brethren of the same family. A war for what ? 
Can't tell exactly, say you ? Don't brethren, partake so much of 
the nature of your own little son, who wages war with his sister, 
because perchance, he thinks her share from the paternal loaf is 
larger than his own, when with a strong microscope you could 
not discover the difference, and continue to wage the war until 
the parent comes forth, and gives to each a severe whipping. 

Better take the suggestion of that sainted sire, who was wil- 
ling to be taxed with his fellow citizens of the North, to purchase 
the froedom of the Slaves. That will cost less than prosecuting 



10 

a war, besides the blessing that attends a noble action, and save 
imbruing your hands in your brother's blood ; and the Lord's 
inquiring at your hand, where is thy brother ? for his blood 
calleth to me from the ground." 

I retired late at night, for I wrote till near midnight, and dur- 
ing all my slumber, if slumber it could be called, for I seemed to 
be revolving in the broad light of day, and to hear a voice saying, 
the Union must be preserved by performing unto the Lord your 
vows. What vows. Lord, I answered. The response was im- 
mediate : "Let all adhere to, and keep invaluable, the oath of 
allegiance to their covenants, and constitution, entered into by 
our fathers when they framed the constitution, or Union of the 
States. 

Faith Cometh by hearing, and hearing by the word of God. 
Faith works by love, purifies the heart, and overcomes the world. 
Let us, therefore, read some portions of God's word, and it shall 
be such portions as I opened to for the occasion, after supplica- 
ting divine guidance. The first was Ezra, 8th chap., 21st verse ; 
second, Book of Nehemiah ; third, Malachi, 20th chap., 14tli 
to 17th verses; fourth, Exodus, 3d chap., 9th verse. From the 
21st verse of 8th chap, of Ezra, and 9th and 10th chapters of the 
same, and the 13 chapters of Nehemiah, and the 3d chapter of 
Exodus, and 2d chapter of Malachi, is recommended to the 
prayerful attention and reading of all the people, particularly to 
Legislators, Judges, and Priests. The Books of Ezra and JSfe- 
hemiah is the key to unlock the ministry of God's judgments in 
our land, and the manner of our deliverance. Your most prayer- 
ful and prompt reading, and practicing its precepts, is most 
earnestly prayed for. I repeat, the 8th, 9th, and 10th cliapters 
of Ezra, and the Book of Nehemiah, 13 chapters, contain the 
key that unlocks the door through which this nation can pass 
and be saved. There were opposers to Nehemiah's building the 
walls of Jerusalem, but the people had a mind to work, and the 
people now, even the children, have a mind to work, and they 
will work, and the walls of Jerusalemi will be finished, and the 
Union will be preserved without further blood shed. 



11 

This is an age of reason, and it must bo apparent that a new 
era has dawned upon us. If my memory serves me correctly, 
there was once one pohtical party in this country, called the 
Democratic Republican party, and I would recommend the 
union of the names into one party, embracing all that are in favor 
of the Union of the States, and to become tmited in the great 
work of the Preservation of the Union. " Blessed are the peace 
makers, for they shall inherit the Kingdom of God." Let us 
not fall out by the way. If all your views as to methods 
adopted do not agree, recollect Nehemiah's plan, to leave to 
judges of law their work, and to priests their work, but recollect 
you must all have a mind to work. 

" From Maine's stern mountains capped with snow, 
Down to tlie waves of Mexico, 
Tlie nation weeps in bitter woe, 

Because her sons lie low and cold, — 

Even as Rachel wept of old. 

With grief that would not be consoled. 

Well maj' the nation mourn her sons, 
Her truest and her bravest ones ; — 
Than theirs no nobier life-blood runs. 

Oh, let us leave our dance and song, 
And through this trial, fierce and strong, 
Strive and not faint. Oh, Lord, how long ? 

Yet let us not all hopeless be, 
Nor sit and cry despairinglj^, 
' Alas, when shall the ending be '? ' 

The darkness comes and goes again — 

The sunshine brightens after rain — 

So solace follows bitter pain, ;: 

So shall Columbia rise in might 

And lift her forehead to the light, 

Strong in the power of truth and Right, — 

And out of all this grief and dearth 
Become, in new and glorious birth, 
The pride and pattern of the earth ! 



12 

"We oan do nothing against truth. The judges again must 
now, as in Nehemiah's day, decide what is hiwful. The priest 
must decide against sinfulness, and the people must gather them- 
selves together and by prayer and fasting, and listen to the read- 
ing of the law, as recorded in the eighth chap, of Nehemiah, and 
obey the law, when it shall be expounded by the judges. What- 
ever action may be taken by Government officers to suppress 
the rebellion that may be unconstitutional after the suppression 
of the rebellion, will be void, if it be the truth that the Consti- 
tution of the United States is the supreme law of the land. 
One thing the people all know, which is, that the Union of the 
States must be preserved. The reason why and how the Union 
must and will be preserved in the shortest time, is worthy of the 
consideration and prayerful effort of all classes. The first rea- 
son why it must and will be preserved is, because it is the law of 
God, and no human sanction or power can be good, or prevail 
against it. The States wave wedded together by the oath of our 
patriotic fathers. They took each other with a clear understand- 
ing of what they took, for better or worse for life. Dissolve 
that Union, and the dissolution of families will follow. North and 
South. The covenant of our fathers, therefore, must bo kept by 
their sons, to preserve the union of the States and of the fami- 
lies. Any act or law against the covenant or constitution falls 
powerless, being void ; for every public officer has taken the oath 
to support the constitution. The constitution, like the marriage 
covenant, is a divine ordinance, and a civil coiUract. If one 
party break the civil contract, the party that break it must pay 
the damages. But you cannot break the divine ordinance, 
"What God hath joined together let not man put asunder." If 
you break the civil contract of the constitution by emancipation, 
the party that break it must pay the damages, as in the break- 
ing of any civil contract. The laiv still remains unchanged. The 
law to abolish slave nj still remains as unclLanged ':iii truth remains 
tmchanged and unchangeable, whichever way we wind about. 
Or else the constitution and the marriage covenant would go to 
the winds. For the civil contract has been broken alike in both 



13 

cases. The breaking of the civil contract lays the breaker of 
the contract liable to the punishment of a fine, or imprisonment, 
which the law inflicts. The breaking of the divine law or cove- 
nant brings the vengeance of Jehovah, as we experience in this 
war. And w^e cannot expect Jehovah's vengeance to be stayed 
or the war to cease until the people learn to keep the covenant 
or constitution which our fathers made. I recollect twenty-five 
or thirty years ago a lady, the first Mrs. Nathan Winslow, called 
at my father's with a petition to Congress to emancipate slavery 
in the district of Columbia, and requested me to sign the peti- 
tion. My father was present, and he expounded to her the law. 
That the constitution was a'covenant of all the States, and Con- 
gress had no power to break the covenant^ which would be the 
case by abolishing slavery. That the people of the North might 
purchase the slaves ; and he should be willing to be taxed to 
purchase the slaves, if it could be done in good faith with the 
consent of the owners. But he should be unwilling for his daugh- 
ters to sign a petition to Congress, for that would infringe on the 
rights secured in the constitution, to the southern portion of the 
country, 

1st. We have given as the reason why the Union must and 
will be preserved that it is the laio of God and must be kept by 
His creatui'es, and that it will be kept, or G-od will enter into 
judgment, as is now the case in our distracted country, and those 
judgments will not be removed until the covenant is kept. 2d. 
How the Union must and will be preserved, let us consider. It 
must be preserved by keeping the covenant or constitution in 
GWQvy point. Otherwise marriages also are all made void, through- 
out the nation. And he must be a bold person, in the eye of 
divine and civil law, to boldly stand up and advocate rebellion to 
the law of God and of the nation. Particularly if he be a mar- 
ried man, and by the law has held his own wife, as no less a slave 
than the Southern States have held their black slaves, and that, 
too, in violation of the divine ordinance or covenant of marriage. 
It may well startle the learned men of this countiy to learn that 
legislators have gone on unmolested, till they have legislated 



14 

themselves and every man in the country, out of lawful claim to 
their wives, according to State law, for all contracts must bo 
based on a consideration. But the supreme law of the United 
States and the law of God interposes and makes void the State 
law, and thus secures to them their wives. Thus is it also with 
the emancipation proclamation. It violates the covenant or con- 
stitution, and we have no legal statute claim on the South, there- 
fore all must consider and obey the constitution of the United 
States as supreme law that desire to Vqq^ family and national 
government. If the emancipation act violates or destroys the 
civil contract of our fathers, why should we fight the South 
more than the husband should fight with his wife to preserve the 
family union ? "Why, wives have not yet seceded ; No ! and 
they will not secede, for they believe marriage to be a divine or- 
dinance, and that the covenant must be kept. Let the men take 
the same view and pass a law prohibiting under a severe penalty 
the discussion in Congress or legislature of any unconstitutional 
laws, and pass an act to indemnify the sufferers of any breach of 
the covenant^ and amnesty for all words and acts to this day. No 
other plan can be devised to save the ship of state. She is 
drifting on to the breakers, freighted with riches in abundance, 
and with a gallant crew, without a mutineer at the North, for 
all arc for imion now and forever. 

In the pulpit the sound of union must be started, and the 
sound of emancipation must cease, if God's law is regarded, or 
the law of man, or they desire not to emancipate all the wives in 
the country. We must all do faithfully our duty, and adhere 
strictly to the coyistitution, to save the ship of state. Remember 
the ladies and children are on board, and must be lost if the 
ship Constitution is lost. "The anchor stock is broken, the rud- 
der is loose, the wind is blowing on to the breakers, the gale is 
severe, the weather is thick and blinding with the falling snow ; 
take up the little girls and prepare them for the worst, for in less 
than an hour, if the wind does not change, wo shall go to pieces 
on the breakers ;" were the words of my husband to me at mid- 
night in February 1857, as we approached N. Y. from Matan- 



15 

zas. The same words apply to the ship of state at the present 
time. The answer is also applicable. "I will do as you sa^'', but 
our only safety lies in the preservation of the ship ; if she is lost, 
all is lost ; for we should 'all perish with cold, if we could obtain 
a foothold on the rocks." What an anxious night to all on 
board ! What a watch was kept up by the gallant officers and 
crew ! The pilot and the captain — not a moment's rest for the 
night had they, or thought of self and suffering during the piti- 
less storm, but the thought of dear ones at home kept the first 
officer aloft straining his eyes, as I overheard him and the pilot 
saying they were making a desperate struggle for life, as they 
each thought of wife and dear little ones at home, 

I had no fear, as my husband was at the htlm^ and my Heav- 
enly Father held the winds obedient to His command. To Him 
I committed all, without a murmur, or an exclamation of alarm ! 
The wind changed, and morning dawned and found us safe. 
Webster says America has furnished to Europe proof of the 
fact that popular institutions founded on equality, and the prin- 
ciples of representation are capable of maintaining governments, 
able to secure the rights of person, property, and reputation. 
To him who denies, or doubts whether our fervid liberty can be 
combined with law, with order, with the security of property, 
and advancement of happiness; to him who denies that our insti- 
tutions are capable of producing an exaltation of soul, and the 
passion of true glory ; to him who denies that we have con- 
tributed anything to the stock of great lessons, and great exam- 
ples ; to all these I reply, by pointing to Washington. First in 
war, first in peace, and first in the hearts of his countrymen. 
Washington is all our own. Washington says : " How favorable 
are right words. The same authority which can force a citizen 
to contribute three pence, only, of his property to the support of 
any one establishment, (religious,) may force him to conform to 
any other establishment, in all cases whatever." So said the 
venerable chief and father of his country, M'ho led America to 
lier glorious independence in regard to religious liberty. 

If I could have entertained the slightest apprehension that the 



16 

Constitution framed in tlie Convention where I had the honor to 
preside, might possibly endanger the rehgious rights of any 
ecclesiastical society, certainly I would never have placed my 
signature to it. And if I could now conceive that the general 
government might ever be so administered as to render the liberty 
of conscience insecure, I beg you will be persuaded that no one 
would be more zealous than myself to establish barriers against 
the horrors of spiritual tyranny and every species of religious 
persecution. Let every patriot, not in name only, but in deed 
and in truth, yea, let every son of the immortal Washington, 
hear, consider, and cease to cry, slavery, and blush to vote against 
a bill of compromise and concession, which may yet restore peace 
to our distracted country, and bread to the hungry inhabitants 
thereof. " Although, sirs, he has gone to reap the fruit of his 
extensive labors, his language at this moment of time cries aloud 
to our highly favored country, be free, be happy." Let not the 
cry of (Washington) the Father of his Country, be in vain to 
either section of his country ; let the North and the South heed 
his voice, " be free, be happy." 

Mr. Rawle, a distinguished Commentator on the Constitution 
of the United States, has given us the following remarkable 
passage : 

" It is not necessary that a Constitution should be in writing ; 
but the superior advantages of one reduced to writing, over those 
resulting on traditionary information, or which are to be collected 
from rare acts and proceedings of the government itself, are 
great and manifest. A dependence on the latter, is indeed de- 
structive of our main object of a Constitution, which is to cJteck 
and restrain Governors. If the people can only refer to the acts 
and proceedings of the government to ascertain their own rights, 
it is obvious, that as every such act may introduce a new prin- 
ciple, there can be no stability in the government. The order of 
things is inverted ; what ought to be the inferior, is placed above 
that which should be superior, and the legislature is able to alter 
the Constitution at its pleasure." Raivle, on the Constitii- 
tion, p. 16. 



17 

Locke says : " The legislature, being only a judiciary power, 
to act for certain ends, there remains still in the people a superior 
jjoioer to renew or alter the legislative when they find the legis- 
lative act contrary to the trust reposed in them." 

What heart is not stirred at the recital of our suffering, gal- 
lant soldiers, and who does not feel ready, heart and hand, to 
relieve their sufferings ? And who has not felt, when he reads 
of an ensuing battle, as he would if he knew it was nearly 
time for an approaching train, which is freighted with human 
lives, whose destruction must be certain, if the removal of an ob- 
struction is not instantly made, and which he alone has not the 
power to make ? What can be done ? we cry, and instantly run 
for assistance, while another stands ready to give warning, or to 
aid the suffering, if the casualty must take place, before suffi- 
cient assistance can be brought to remove the obstruction, and 
prevent the casualty. War, with all its horrors, is upon us. 
The spirit of war is in the nation. What can be done, we cry ? 
and echo answers, what ? Let us take a view of the case, and 
that will help us to answer the question. Suppose a father to 
have three sons, and a very extensive farm, or territory of land, 
and he enters into covenant with those sons, and they with him. 
The writings, or Constitution is drawn up, which gives to each 
its relative privileges and duties. For instance, the father is to 
perform the duties of the Federal Department; the sons, that of 
the States, and each have guaranteed to them by the Federal 
Department, certain privileges, as for instance, life, liberty, and 
the pursuit of happiness. The sons have families, and colored 
servants. Their sons, when out of their minority, can also have 
the same rights, in their domestic spheres, as their fathers. The 
wife, by her marriage covenant, becomes one with her husband, 
and has no desire, though she may have right, to trouble about 
the government of the farm ; and the single daughters, or the 
widowed daughters, covet not, although they should have the 
privilege of managing the State, or farm. The servants were to 
have no voice in the management of the farm, being of a different 
race; different in color. Neither were the aboriginees, of 
9 



18 

whom the farm was purchashecl, expected to have a voice in the 
management of the farm. Two of the brothers soon sell their 
servants to the third brother, who is an agriculturist, and needs 
more help, and they have different pursuits, for which they have 
no occasion for colored help. They enlarge their borders, go into 
uncultivated territories with their sons, and on the sea coast, and 
draw largely on the Federal Government for fortifications, and 
protection to their property on coast and sea. The agricultm-al 
brother thinks now, he will take his servants and children, and 
enlarge his borders, by going into uncultivated territories. But 
no ! says one brother, keep your servants where they are, and do 
not spread the colored race over the whole land, it is a sin for 
you to keep them working for nothing but food and raiment for 
themselves and families. They ought to be free, and have a voice 
in the management of the farm ; the male portion of the slaves. 
The brother replies, you know they w^ere never expected to have 
a voice, or management of the farm, they never signed the cove- 
nant or Constitution that we took oath to support, and they 
were not heirs to the inheritance ; I see how it is, you are afraid 
my children will become richer than yours; but you need not 
fear; the Federal Government has already expended a vast 
amount of money for your interest, on the coast fortifications, 
and shipping interests, while as yet I have received compara- 
tively nothing. 

But the brother keeps up a constant din before the Federal 
Government about the sin of slavery and its extension, until the 
brother has another talk with him and tells him, why do you 
trouble yourself about my domestic affairs ? why do you not 
liberate your minor children ? it would be equall}'- as little for 
the interest of your child of 14 years to be liberated as for my 
servants to be liberated. They are incompetent to provide for 
their wives and little ones, and we should have them to provide 
for, and increase their cares, suffering, and sorrow ; and as to 
a voice in the management of the government of the farm, what 
do they know compared to your boy of 14 years, or your wid- 
owed daughter, and your worse than widowed daughter, whose 



19 

husband has forsaken her and his httlc ones, and thrown upon 
you to support ? Your widowed daughter, with taxable prop- 
erty', has no representation in the government, and yet does not 
a complaint come from you, and your single daughters that are 
of age have no representation, and they labor for you for their 
food and raiment. Yet you do not complain for them, and if 
you died to-morrow your son of 21 would inherit equally with 
the daughters that had labored for you without wages till 31, 
and that, too, when by your covenant the property belongs to 
their mother. Yet you do not complain of that injustice. Why 
trouble yourself about my servants ? I know it is in violation of 
our oath to keep the covenant or constitution, but have you not 
passed laws of liberty bills and emancipation acts that impair 
and destroy the civil contract ? I know you are equally guilty 
of breaking your covenant vows at the marriage altar, and the 
wives will have the same right to secede if right it may be 
called. Now you keep your covenants or I will secede and take 
the consequences. But the brother will not hearken. He says 
he shall not secede, and we' must prepare for battle. He shall 
not try to pacify him by keeping the constitution, and by allow- 
ing him to enter the territories with his slaves, and so the war 
begins. The Federal Government and the 2d brother try to 
keep the peace, but in vain. Fighting ensues, and the children 
of the 2d, as well as of the 1st and 3d, are slain in battle, and 
their blood flows like rivers. 

The Federal Government tries one method and then another, 
and finally adopts the method of the parents who had each a 
boy that was determined to fight. They found it in vain to 
keep peace between them, and they agreed to keep their own 
counsels, and let the boys fight it out. They did fight, and af- 
terw\ards became fast friends. The President should have with- 
drawn the sons of the 2d brother, and placed the sons of the 
1st brother, if fighting must be done. It is not unlike the case 
on ship board which occurred in 1859, the trial of which took 
place in Portland. The captain of the ship ordered one of his 
crew to perform a certain duty, which ho failed to perforin, or 
gave him a short answer, when the captain ordered him to be se- 



20 

verely punished by the crew. The crew, supposing the captain 
to be sane, obeyed his orders in the absence of the 1st mate, 
who was sick below ; the consequence was he died. We trust 
the crew that manage the ship of state are all sane^ and will see 
that the country is not killed, by giving light blovrs, if any. The 
Union must be preserved or anarchy e?isiies, and family union 
and government ends ; and then will not the end of all things 
follow ? But the Union must be preserved, by keeping the 
covenant or co7istitntion. There must be reason enough in the 
men of the 19th century to know as much as a boy of ten years 
would know, if you made a contract with him to shovel the 
snow from your dwelling. That you would pay him 25 cts. as 
soon as he had performed the service of removing the snow, be 
there more or less each time for the winter. He calls for his pay 
of 25 cts. after removing a light body of snow. You refuse to 
pay him, and tell him he has signed an obligation to remove the 
snow for the ivinter, and you will kill him if he does not do it. 
Yes ! but, says the boy, I will do it if you pay me the 25 cts. as 
you agreed to in the written contract ; otherwise I will not, if 
you do kill me. "Who would justify the man in killing the boy 
rather than \i\& fulfilling his contract and paying the 25 cents ? 
Let the men or the women take up Nehemiah's plan, and call a 
convention of all the men and women, and see if they are not in 
favor of keeping their covenants, and thereby preserving the 
Union and the lives of their gallant sons. Our country ! "What 
is our country with the loss of all our children, slain in battles, 
or famishing and starving on the battle field and in the hospital ? 
Keep your covenants with each other, and with the South, and 
indemnify them wherein we may have wronged them, for the 
Lord's sake and for humanity's sake ! All that a man hath will 
he give for his life. What is a man profited if he gain the whole 
world and lose his own life and soul ? 

Or let the legislature say, shall the Union be pi-eserved by 
keeping the covenants .? Let the press speak, and the pulpit 
speak and say. Shall your covenant before God be kept ? and 
thus the war cease. Let the women say, the covenants must 
be kept, or we shall sacrifice all our sons and husbands in vain ! 



21 

God's law must bo obeyed ! If the clergy will defy the law of 
God by preaching slavery, which is rebellion also to the govern- 
ment or covenant and constitution, let the people tell them at once 
that they will never again listen to such preaching. The sermon 
that was preached on fast day, April 1851, by Eev. Mr. Frothing- 
ham at Park St. church, had sufficient abolition fire to disunite 
and destroy any nation ; I could hardly keep my seat, or keep 
from speaking aloud. I was amazed to see the people calmly 
listen to him. On the following day we heard of the bombard- 
ment of Fort Sumter. 

Next to the preservation of liberty, is the preservation of the 
Union, and this, in a territory so vast, can only bo effected by an 
interchange of feelings, by inter-communications, by forming 
friends and making visits all over our wide domain. "We must 
know and understand each other, in order to love each other. 
The Covenant has been made, by our patriotic fathers, which 
unites North and South into one nation, and in the words of 
Kuth to Naomi, her mother-in-law, wo must say from the heart 
to each other : " Thy people shall be my people, and thy God, 
my God." "We must study the things that make for peace ; we 
must cherish the words of the departed. The words of a ship- 
master, who had frequent opportunities, of a business nature, 
with the South, who has repeatedly testified of the honor and 
fidelity of the men of the South, in all their business transactions, 
cannot be obliterated by time, from my memory. The care they 
took of their slaves, in loading the ship, remarking to the Cap- 
tain, " if the rain holds off the slaves can work, but if it rains they 
must quit ;" and their putting their word into execution, as soon as 
the rain fell, while the crew still continued to work, regardless of 
the rain. "We must see with our own ej^es, what a glorious 
heritage our fathers have bequeathed to us, before we can ap- 
preciate its value. Dangers threaten us, above all other people, 
and such dangers as only high patriotism and pure affection can 
overcome. We have not achieved our independence yet. "Wash- 
ington and his compatriots gave us freedom ; our own industry 
has liberated us from a servile dependence upon foreign skill and 



22 

foreign arti/ans, and now we want a literary freedom ; the inde- 
pendence to think, write, and criticize for ourselves, not driving 
our scliolars abroad to acquire reputation at home, and others 
reflecting at home, the light of foreign glow worms from abroad. 
We want local attachments, too, then a national pride, and a 
just sense of our own importance. 

Another duty wo have laid on our hands ; that is, to elevate 
and refine public feeling, by associations, by lectures, by lyceums, 
in every practicable manner, so as to give society a tone, and a 
character, and so as to combat the physical and lower tendencies 
of the day. There is an atmosphere accompanying every circle, 
either light or lurid, just in proportion to the splendor of the 
minds that sparkle within it. There is a sympathetic link in tho 
chain of social intercourse, that vibrates well or ill whenever it 
is touched. 

" The proper study of mankind, is man." The tone of a whole 
society may be compared to winds that float through an yEolian 
harp. If but a summer breeze play upon its strings, it is like a 
melodious note that sprang from memories' statue, when touched 
by the rays of the morning sun ; but if the rude and gusty storm 
run roughly over the cords, it flings off notes harsh and discord- 
ant ; see, then, the duty of the American. But tune society, 
and it will pour forth melodies from a thousand strings. " A 
soft answer turneth away wrath, but grievous words stir up 
anger." " A wise man foreseeth the evil, and hidcth himself; 
but the simple pass on, and are punished." 

" Our Country ! 'tis a glorious land ! 

With broad arms stretched from shore to shore ; 
The proud Pacific chafes her strand, 

She hears the dark Atlantic roar ; 
And, nurtured on her ample breast, 

How many a goodly prospect has ; 
In nature's wildest grandeur dressed, 

Enameled with her loveliest dyes." 



23 

Let the sacred oblig-ations which have devolved on this o-enera- 
tion sink deep into our hearts. Those are daily dropiDino- from 
among us, who estabhshed our liberty and our government. 
Shortly we shall look in vain, to find on earth one of their num- 
ber. The great trust now descends to new hands ; let us apply 
ourselves to that which is presented to us as an appropriate ob- 
ject. "We can win no laurels in a war of independence, for this 
nation must ever remain one, while this earth remains inhabited. 
We can win laurels, however, by devising methods of peace, in 
this distracted state of our beloved country. The same plan that 
we would devise to keep the peace of our families, will serve to 
preserve the National Uuion; now is the time to act. God has 
stretched forth his hand and said, " Thus far shalt thou go, and 
no farther." The war is now brought to a stand still by His 
interposing hand, through the agency of the Chief Magistrate. 
He has, by his emancipation proclamation, legally divorced tho 
States, as much as the decree of the Judge of the Supreme 
Court by his decree, divorces husband and wife ; but no decree 
against the supreme law, the Constitution of the United States 
is legal, and cannot hold, if it did it would destroy the law of 
God, in the marriage relation, making the law of God void, viz : 
" Therefore, they (husband and wife) are no more twain, but one 
flesh. What God hath joined together, let not man put asunder." 
Suppose a judge of the supreme court should pass a decree^ di- 
vorcing tioenty persons in this city, against the protestations of 
the husband, would the husbands be allowed to take up arms 
against their wives, to bring them back into union ? or would it 
be necessary to go again through the rite of marriage, if they 
persuaded their wives to return, when they had already taken a 
vow before God and witnesses, at the marriage altar, that they 
had taken each other, with a clear undersl^anding of whai they 
took, for better or for worse, for life, to again unite. The same 
may be said of our Union. The North and South took each 
other for better or worse, for life, with a clear understanding 
that they took slavery into the covenant or Constitution, as in our 
marriages, and was for life, in the country. The principle that 



24 

expels slavery by force, expels the covenant of marriage from 
being binding, on the wife. They are perfectly analagous. 

The remedy for the evils of Legislators, Judges, and Priests 
■will be found in the Book of Nehemiah, 13 chapters, and three 
chapters of Ezra, as I have before stated. Lay aside the law of 
Grod, and the Constitution of the United States, which is founded 
on the law of God, and no man would have a legal claim to his 
wife, the statute law, in violation of the Constitution, having made 
void the marriage contract, taking it as a civil contract, by the 
laws of dower, when the wife is endowed as one with the hus- 
band by the covenant ; but as marriage is a divine ordinance, in 
which the preservation of mankind is involved, no ^^<J??^a?^ sanction 
can be good against it, and the State and U. S. Constitutions say, 
the Legislature shall pass no law in violation of contracts, and the 
President can pass no /e^a/ proclamation of e5?zawc?/)aizo?i; even if 
the people desired a revolution in the Government. It would be 
usurpation to attempt it. The analogy between our country, 
and that on ship board, related above, must strike each mind for 
a solution of the difficulty. The crew had signed the ship's ar- 
ticles, and had they refused to obey the orders of the captain, to 
whip the sailor, (they supposing the captain sane,) would be re- 
fusing duty, and for that would be severely punished. On the 
other hand, if they complied with the captain's orders, and whip- 
ped the man to death, they would be tried for their lives. 

The captain of the Ship of State has given orders to his crow, 
who have signed the ship's articles, (the Constitution of the 
United States, to support j^that Constitution,) now if they whip 
the South, they do it in violation of their oath, and are in the 
position of the crew on board the ship, who whipped one sailor, 
and was amenable to law. If they disobey the captain's orders, 
will it be refusing duty ? It is not for the Court alone, but for 
the people, who are the Sovereign rulers of this country, to 
decide. The Union must be preserved, by laio and order, which 
is the Constitution of the United States ; no other method can 
save it. The men of this country will not be willing, I trust, to 
surrender their wives, and break up family union; break up 



25 

God's law, for the sake of emancipating slaves, while the law still 
remains unabolished. Cruelty to slaves is not advocated, any 
more than cruelty to your wives. Scripture teaches husbands to 
love their wives, and also for the master to forbear threatenina: 
to his servant, and for servants to bo obedient to their masters. 
Eph. 6 chap., 5th, 6th, 7th, 8th, and 9th verses. The people must 
obey the law of God, and like the father of the prodigal son, God 
will see us afar oiF, and have compassion on us. The clergy must 
be forward (as in Nehemiah's day) in the work of sustaining 
union and harmony throughout the states, lest anarchy ensue, 
and desolating war sweeps from the earth all our cherished sons, 
the hope and pride of the nation. It should be the business of 
the people to instruct their pastors to st(5p the cry of emancipa- 
tion, for by that cry they are breaking the laws of God, breaking 
the union of states and of families. Then, no occasion would there 
bo for them to take the oath of allegiance to the government ; 
otherwise it would be necessary for (the clergy) to take the oath of 
allegience. From the pulpit the word should go forth to the 
South, " Thy people shall be my people, and thy God, my God," 
and the spirit of the Gospel of peace, of restitution, of justice, 
and of equity, take the place of bitterness and strife. The 
women could also do much, by their influence, in favor of pre- 
serving the marriage covenant of the people and of the States. 
The standard for moral qualities must be elevated by them, and 
divorces denounced, or the question in Holy "Writ may startle 
us. " Who can find a virtuous woman, for her price is far above 
rubies ?" Let the first step in moral reform, among both sexes, 
be the heroic determination to be honest, and to preserve this 
character through every vicissitude of fortune, and in every rela- 
tion which connects us with society. We use the word honest 
in the largest sense of discharging all duties, both public and 
private, with the most scrupulous Heaven attesting integrity. 
In that sense that drives from the mind all sordid, debasing 
considerations of self, and substitutes in their place, a loftier and 
nobler spirit, one that will consider yourself as not born so much 
for yourself, as for your country and your fellow creatures, and 



26 

which will lead us to net, on every occasion, sincerely, justly, 
and magnanimously. The loss of a firm, natural character, or 
the degradation of a nation's honor is the inevitable prelude to 
her destruction. Behold the once proud fabric of a Roman Em- 
pire ; where is now her splendor, her wealth, her power, and her 
glory ? Extinguished forever. Place their example before you ; 
let the sparks of their ^visdom flash across your minds, and the 
sacred altars of your liberty, crowned with immortal honors, rise 
before you. Eelying on the virtue, the courage, the patriotism, 
and the strength of our country, we may expect our national 
character will become more energetic, our citizens more enlight- 
ened, and may hail the age as not far distant when will be heard 
as the proudest exclamation of man, I am an American. Jeffer- 
son said, in his inaugural address, " All will bear in mind this 
sacred principle, that though the will of the majority is in all 
cases to prevail, that will, to be rightful, must be reasonable, 
that the minority possess their equal rights, which equal laws 
must protect, and to violate which would be oppression." 

Look at the case of your daughter, who has a dower in real 
estate, that is, the rent during her lifetime, which amounts to 
per year, a half dollar a day, the property being worth 
She must pay a tax of $1.35 per hundred, which amounts 
to $40 per year from her $180, or half dollar a day income, and 
that, too, without representation, when the laws place her in such 
a position as to aftbrd her no remuneration for labor, comparatively 
speaking. The professional man and the mechanic receive twice 
as much iticome daily from their services as the widow, without 
any taxation thereon, except for represeJttation or poll tax. Yes ! 
but you forget that, if the husband's income be double or thri- 
ble the widow's, on which he pays no tax, his family take half 
his earnings from him. True, but his wife's labor in the family 
is worth to the husband what he expends for his family. And 
then how many single men there are that have the income of 
$180 and more for clerkship or other services. Why should the 
widow alone be taxed for an income of $180 ? and that, too, 
when the property by statute laio is taken from her to go to her 



27 

husband's nearest relative, which by her husband's covenant she 
was endowed with. There is taxation without representation — 
taxation for an income much less thati your cleric^ or the profes- 
sional man or day laborer receives without taxation. 

" It is good to be wise, it is wisdom to be just, and just to be 
constant. Choose for your wife a prudent woman ; for prudence 
preserves virtue; virtue, love; and love, constancy. A bad magis- 
trate is better than none, (better tyranny than anarchy,) but this 
is not warrantable." 

We are taught in the sacred Scriptures that the Godhead 
consists of God the Father, God the Son, and God the Spirit. 
Three in One. To whom honor, praise, and glory shall be given 
equally by all on earth and all in heaven. We are taught, also, 
that God is a covenant keeping God, that all persons who will 
accept redemption through the righteousness wrought out by the 
second person in the Trinity, through the agency of the tltird 
person in the Trinity, the Holy Spirit, will be eternally saved, ac- 
cording to the covenant of the great I A?7i. 

And thus the church originates. And as God is true to his 
covenant nothing can prevail against it. 

The family originates on the same principle. The husband 
and wife become one, at the altar of marriage, and can nevermore 
become tivai?i if they imitate their Creator by keeping their 
covejiants, and they can never enter heaven, surely, if they despise 
their covenant obligations and oaths, for "by their fruits ye shall 
know them. Men do not gather grapes of thorns nor figs of 
thistles. If ye love me keep my commandments," saith the Scrip- 
ture. And so with the States. The covenant which our fi\thers 
made must be kept inviolate. No one has a right to violate one 
jot or tittle of it. If they do it is void, being in violation of the 
supreme law of the land and in violation of the law of God. 

The theologian for centuries has taught the people that the 
covenant entered into by the Divine Trinity — the three in one 
was a covenant of redemption and grace to the elect in the 
church and for them alone. The covenant entered into by our 
fathers, in their united declaration of independence and subse- 



28 

quent union of all the States, was, " that all men are born free 
and equal," which signified only those whom that covenant em- 
braced, viz : the elect, the white race, and not slaves which they 
then held. People differ in their religious faith, some embracing 
in their sympathies and charities all mankind. And so it is now 
with regard to the slaves. The sympathies of the North are 
enhsted for the slaves. The South says it is in violation of the 
covenant of our fathers to thus sympathize, the same as it would 
to arraign the Trinity for not embracing, in their covenant, all 
mankind. Did not the Divine Unity know from the beginning 
that man is morally a free agent, and that all would not come to 
the Savior that they might have hfe ? could the covenant of our 
fathers have become the supreme law by the ratification of all 
the States, without concessions and compromises? did not our fa- 
thers, from the beginning, know that fact ? Jefferson says, in his 
notes on Virginia, in 1781 — 2, with regard to slavery : " To 
emancipate all slaves born after passing the act." The bill re- 
ported by the revisors does not itself contain this proposition, 
but an amendment containing it was prepared to be offered to 
the legislature whenever the bill should bo taken up, and further 
directing that they should continue with their parents to a cer- 
tain age — when they should be colonized. 

It will probably be asked, why not retain and incorporate the 
blacks into the State, and thus save the expense of supplying by 
importation of ivhite settlers^ the vacancies they will leave ? 
Deep-rooted prejudices entertained by the whites, ten thousand 
recollections by the blacks of the injuries they have sustained, 
new provocations, the real distinction which nature has made, 
and many other circumstances will divide us into parties, and 
produce convulsions which will probably never end but in the 
extermination of the one or the other race. To. these objections 
which are political may be added others which are physical and 
moral. This extract proves my theory, that the covenant and 
declaration was limited, in the States, to free people, not African 
slaves. Is it not clear to my readers that the covenant of our 



29 

fatliers cannot bo broken without breaking the law of God ? 
and shall man dare to break God's law ? 

Moral. Tiie deliberations of the peoples' servants, the wiso 
legislators of Maine of 1863 have been to sJuccJde their wives, 
and unsJtacJde the colored slaves of the South, in violation of 
covenants. Verily, as Isaiah says, "It is a people void of under- 
standing." Jer. 6 chap. "The word of the Lord is unto thcia a 
reproach ; they have no delight in it." 



THE PLAN TO CLOSE TIIE REBELLION 



and Utiite the States in Six Blontka for $500. 



PonTLAND, March 1SG3. 
Let a convention of each loyal State be holden the iirst Mon- 
day after the adjournment of each State legislature, and some 
action be taken to obtain the votes of the majority of the citizens 
and soldiery for General McClellan, or Thurlow Weed, or 
Horatio Seymour, of N. York, to take the presidential chair, 
provided President Lincoln will willingly abdicate his office, and 
issue his proclamation to the eflfoct that if an overwhelming ma- 
jority of the people and soldiery be given for him to abdicate his 
office, he will consent to abdicate his office as President of the 
United States ; and that a memorial to that object be offered 
President Lincoln for his consent. I'rcsident iiincoln will thereby 
show himself possesscfl of the spirit of the great and glorious 



30 

Washington — that he studies first the interest of his country, 
second his own relief from the arduous duties of his office and 
the union and harmony of all the States, which would thereby 
be effected with the South in a complete recognition by them of 
the constitution of the United States as the supreme law of the 
laud. Giving amnesty to all for words and acts, and indemnifi- 
cation to the loyal. Or, let a convention of the States be called 
by committees and Congress for the purpose of establishing the 
constitution of the United States, and concentrating their efforts, 
and defending their rights. The people who are the sovereigns, 
to show their disapproval of any violation (from whatever source) 
of the constitution of the United States, which is not only the 
bond of the Union, but is also the chart and compass and anchor 
of the ship of state. The disapprobation of this supreme au- 
thority would destroy forever all infringements therein and blot 
out all errors and irregularities. It cannot then be urged that 
the people did by their silence assent to any violation of that 
constitution. Algernon Sydney, vol. 1, p. 415, after having 
shown some reasons why sufferance gives no consent, says, p. 
416, " It is not the bare sufferance of a government, when a dis- 
gust is declared, nor silent submission, when the power of op- 
position is wanting, that can imply a consent, or election, or cre- 
ate a right; but an explicit act of approbation when men have 
ability and courage to resist or deny." 

Respectfully submitted, Jane P. Thurston. 



Portland, March 26, 1863. 
Hon. Judiciary Committee : — I believe the marriage union is 
a contract that cannot be broken by any parties or any legisla- 
ture in the country, and whcrefoi'e .'' Because the constitution 
of the States says, 1st. " The legislature shall pass no law im- 
pairing the obligation of contract." 2d. " "What God hath joined 
together let not man put asunder." The marriage contract 
is made to continue imtil death, and is made for better or ivorse 



31 

for life. If cither party violate the covenant " to love, cherish., and 
protect^'' or ''^o love, honor, and o6e?/," they should receive the pen- 
alty due transgression. The covenant reads, " therefore they 
are no more twain ; " the church contract reads, " with the ring 
I wed thee, and with all my worldly goods I endow thee, in the 
name of the Holy Trinity. Amen." Therefore the laws should 
be made to conform to the divine ordinance, and the civil con- 
tract. 

Because widows, in their ignorance, have heretofore petitioned 
the judge of probate to appoint administrators and executors to 
settle according to State laws instead of the contract of their de- 
ceased partners, it docs not follow that ivhcn I objected to the 
judge of probate against Mr. Traslc's being appointed adminis- 
troXor that he shoidd have appointed him, and when I made a 
written statement to the judge ^x\<\. petitioned\\\m, that he should 
have refused my petitions, and as the light daioned upon my mind 
and grew \brighter until it shone like the brightness of the sun 
in his meridian glory, and I told Judge Shepley in the presence 
of his law student, and wrote Judge Shepley a letter which he 
has now, probably, describing my views, and expressing my wish 
for him to settle with the judge of probate according to my hus- 
band's contract, that the judge of probate should refuse to settle 
by that contract. Judge Barrows ought to have known that the 
law required him to keep the contracts of all deceased persons, and 
as Judge Barrows did not keep my husband's contract, and the 
laws of the State of Maine require that "when one party refuses 
to fulfil an executory contract the other is entitled to an equiva- 
lent in damages for the direct gains which he would have real- 
ized from the performance of the same," the State must indem- 
nify me ; or else the State would virtually say that the marriage 
contract is void, being unlawful, and the children could no more 
than the wife, legally and legitimately, claim the proi^erty ; and 
the mother would be entitled to all her children. 

Very respectfully, J. P. TnuKSTON. 



32 

Precisely the same language can be used for the marriage 
union of the States. The contract or constitution of the United 
States, which was adopted by our fathers, was taken for better 
or worse for life, and that constitution says, "No State shall pass 
a law impairing the obligation of contracts ;" "also, that any per- 
son held to servitude in one State escaping into another shall be 
delivered up, &c ;" which signifies husband and wife as much as 
it does colored or African slaves. If the South legally married 
their slaves — by the constitution of the United States — they 
could not separate them, and if they never separated husband 
and wife, what more sin is there in furnishing the slave men as 
well as slave tvomen^ with food, shelter, and clothing according to 
their condition in life than the husbands of all the States furnish- 
ing their wives with food^ shelter^ and clotldng, "according to their 
condition in life," while the husband owns all the estate which 
the wife has assisted him to acquire ? or your minor cnildren ? 
If the legislature should pass a laio justifying the proclamation 
of President Lincoln, it would be void, being in violation of that 
clause of the constitution, "No State shall pass a law impairing 
the obligation of contracts," or not a man in the United States 
would have a legal claim to his wife, because they are on the 
same principle. I wish I had language to lay out my views be- 
fore you like a panorama. I have not met with a person, man 
or woman, that will acknowledge that they comprehend my views 
— so I keep writing the same ideas in different words. It is un- 
reasonable not to use our judgment now, when the Almighty is 
requiring it of us, to keep \i\^ family gwcrnment, and the national 
government will necessarily be kept. I talked last summer at 
Pockland with Vice-President Hamlin, ^and told him my views. 
I left him a letter which he promised to answer, but never did, 
and not one answer have I as yet received from the Legislature, 
but surely people must have reason and understanding. I doubt 
if a barrel would contain the letters / have sent to Washing- 
ton this ^vinter and last winter. 



33 

[J^xirads from Charles Sumner^s Address before the American Feace Socictij, 1847. 

" Remember that no political change is worth a single crime, 
or above all, a single drop of human blood." — Daniel OConnell. 

Thus, while we condemn the bloody contests of individuals, of 
towns, of counties, of provinces, of principalities, and deny to 
them the right of loaging loar, or of an appeal to the Trial by 
Battle^ we continue to uphold an atrocious system of folly and 
crime, which is to nations, what the system of petty wars was to 
principalities and provinces, what the duel was to individuals » 
for War is the Duel of Nations. 

Among the powers, recognized as reserved to the States, under 
the Federal Constitution, is the power of Internal Police, Within 
its territorial limits a State is sovereign. Its municipal arrange- 
ments depend entirely upon its own will. In the exercise of this 
will, let it establish a system, congenial with the sentiment of the 
age, which shall supply the place of the militia, as a guardian of 
municipal quiet. This system may consist of unpaid volunteers 
or special constables, like the fire companies in the country, or of 
hired men, enrolled for this particular purpose, and always within 
call, like the fire companies in Boston. 

But I deny, distinctly, that these preparations are needed for 
any just self-defense. In the first place, it is difficult, if not im- 
possible, to suppose any such occasion, in the Fraternity of 
Christian States, if war should cease to be an established Arbi- 
trament, or if any State should be so truly great as to decline its 
umpirage. There is no such occasion among the towns, or coun- 
ties, or states, of our extended country. 

The injunction, " In time "of Peace prepare for War," is of 
Heathen origin. As a rule of international conduct, it is un- 
worthy of an age of Christian light. In can be vindicated only 
on two grounds. First, by assuming that the Arbitrament of 
War is the proper agency for deciding controversies between 
nations, and that the War System is, therefore, to be maintained 
and strengthened, — as the essential means of international justice. 
Or, secondly, by assuming the rejected dogma of the Atheist 
philosopher, Hobbes, that war is the natural state of man. 



34 

Whatever may be the infirmities of our passions, all must perceive 
that the natural state of individuals, in which they have the 
highest happiness, and to which they tend by an irresistible 
Heavenly attraction, is Peace. And this is true of communities 
and of nations, as well as of individuals. The proper rule should 
be, " In time of Peace cultivate the arts of Peace." So doing, 
you will render the country truly strong and truly great; not by 
arousing the passions of War ; not by nursing men to the busi- 
ness of blood ; not by converting the land into a flaming arsenal, 
a magazine of gunpowder, or an " infernal machine," all ready to 
explode ; but by dedicating its whole energies to productive and 
beneficient works. 

Ye are all brothers, of one flesh, oione fold, of one shepherd, 
children of one Pather, heirs to one happiness. By your own 
energies, by united fraternal endeavors, in the name of Christ, 
shall the tyranny of War be overthrown, and its Juggernaut be 
crushed to the earth. 

The more I study the world, the more I am convinced of the 
inability of brute force to create anything durable. From the 
sepulchre of Napoleon, now sleeping on the banks of the Seine, 
surrounded by the vain trophies of battle ; nay, more, from the 
sepulchres of all these broken empires, seem to proceed the 
words, " They that take the sword shall perish by the sword." 

Unity is the longing and tendency of Humanity; not the en- 
forced Unity of military power; not the Unity of might 
triumphant over right ; not the Unity of inequality ; not the 
Unity which occupied the soul of Dante, when in his treatise De 
Monarchia, the earliest political work of modern times, he strove 
to show that all the world ought to be governed by one man, the 
successor of the Roman Emperor. Not these ; but the blessed, 
voluntary Unity of the various people of the earth in fraternal 
labors ; — the Unity promised, when it was said, " there is neither 
Jew nor Greek, there is neither bond nor free, there is neither 
male nor female, for ye are all one in Christ Jesus." 

Thus has this tendency to Unity predominated over independ- 
ent sovereignties and states, slowly conducting the great process 



35 

of crystallization, which is constantly going on among the nations. 
But this cannot be arrested here. The next stage must be the 
peaceful association of the Christian States. In this anticipation 
we but follow the analogies of the material creation, whether re- 
garded in the illumination of chemical or of geological science. 
Everywhere nature is proceeding with her combinations ; with 
occult incalculable power, drawing elements into new relations of 
harmony; uniting molecule with molecule, atom with atom, and, 
by progressive changes, in the lapse of time, producing new 
structural arrangements. Look still closer, and the analogy will 
still continue. At first we detect only the operation of cohesion, 
rudely acting upon particles near together. This is followed by 
subtler influences, slowly imparting regularity of form, while 
heat, electricity, and potent chemical affinities, all conspire in the 
work. Yet still we have an incomplete body. Light now exerts 
its mysterious powers, and all assumes an organized form. So 
it is also with mankind. The rude cohesion of earlier ages, act- 
ing only upon individuals near together, first appears. Slowly 
does the work proceed. But time and space, the great obstruc- 
tions, if not annihilated, are now subdued, giving free scope to 
the powerful affinities of civilization. At last hght — hail ! holy 
light ! — in whose glad beams are knowledge, morals, and re- 
ligion, with empyrean sway, shall resolve these separate and dis- 
tracted elements into one organized system. 

By perpetual peace, Kant understood a condition of states in 
■which there could be no fear of War ; and this condition, he said, 
was demanded by reason, which abhors all War, as Httle adapted 
to establish right, and which must regard the final development 
of the Law of Nations as a consummation worth every efibrt. 
To this all persons, and particularly the rulers of States, should 
bend their energies. A special league or treaty should be entered 
into, w^hich may truly be called a Treaty of Peace, differing from 
other treaties in this regard, that, whereas these terminate a single 
existing War only, this should seek to terminate forever all War 
betw^een the parties to it. Trej^^ies of Peace, tacitly acknowl- 
edging the right to wage war, as''all treaties now do, are nothing 
more than a truce ; they are not Peace. By these treaties an 



36 

individual war may be ended ; but not the state of ivar. There 
may not be constant hostilities ; but there will be constant fear 
of them, with constant threats of aggression and attack. The 
soldiers and armaments now nursed by civil states, as a Peace 
establishment, become the fruitful parent of new wars. AVith 
real Peace, these would be abandoned. Nor should states hesi- 
tate to submit, like individuals, to law. They should form one 
comprehensive Federation of Nations, whicli, by the addition of 
other nations, should at last embrace the whole earth. And 
this, according to Kant, in the succession of years, by a sure pro- 
gress, is the irresistible tendency of nations. 

To Franklin and Jeiferson we freely render thanks for their 
authoritative words and example. But there are three names, fit 
successors of St. Pierre, — I speak now, of course, only of those 
whose career is ended, and on whose good works is the heavenly 
signet of death, — which more than theirs deserve the affectionate 
regard of the friends of Peace. I refer to Noah Worcester, 
WiUiam Ellery Channing, and "William Ladd. It would be a 
grateful task to dwell on the services of these, our virtuous 
champions. The occasion will allow only a passing notice. In 
Worcester w'e behold the single-minded country clergyman, little 
gifted as a preacher, with narrow means, — and his example 
teaches what such a character may accomplish, — in his humble 
retirement, pained by the reports of War, and at last, when the 
great European drama of battles closed at Waterloo, published 
that appeal, entitled " A solemn review of the Custom of War," 
■which has been so extensively circulated at home and abroad, 
and has done so much to correct the inveterate prejudices which 
surround our cause. He was the founder, and for some time 
the indefatigable agent, of the earliest Peace Society in the 
country. The eloquence of Channing, both with tongue and 
pen, was often directed against War. He was heart-struck by 
the awful moral degradation which it caused, rudely blotting out 
in men the image of God their Father ; and his words of flame 
have lighted in many souls those' exterminating fires that shall never 
die, until this evil is scourged fi-om the earth. William Ladd, 



37 

after completing his education at Harvard University, entered 
into commercial pursuits. Early blessed with competency through 
his own exertions, he could not be idle. He was childless ; and 
his affections embraced all the children of the human family. 
Like AVorcester and Channing, his attention was arrested by 
the portentious crime of War, and he was moved to dedicate the 
remainder of his days to earnest, untiring efforts for its abolition ; 
going about from place to place, to inculcate the blessed lessons 
of Peace ; with simple, cheerful manner, winning the hearts of 
good men, and dropping in many youthful souls the precious 
seeds which shall ripen in more precious fruit. He was the 
founder of the American Peace Society, in which was finally 
merged the earlier associations, established by "Worcester. By 
a long series of practical labors in our cause, and especially by 
developing, maturing, and publishing to the world, the plan of a 
Congress of Nations, has William Ladd enrolled himself among 
the benefactors of mankind. 

Such are some of the names which, hereafter, when the warrior 
no longer receives from the world the " blessings" promised to 
the " Peace-maker," shall be inscribed on immortal tablets. 

Resolution adopted at the Feace Congress at Brussels : 

That, in the judgment of this Congress, an appeal to arms for 
the purpose of deciding disputes among nations, is a custom 
condemned alike by religion, reason, justice, humanity, and the 
best interests of the people ; and that, therefore, it considers it to 
be the duty of the civilized world to adopt measures calculated 
to effect its entire abolition. 

There is a legend of the early Church, that the Savior left His 
image miraculously impressed upon a napkin which had been 
placed upon His countenance. The napkin was lost, and men 
attempted to portray that countenance from the Heathen models 
of Jupiter and Apollo. But the image of Christ is not lost to 
the world. Clearer than in the precious napkin, clearer than in 
the colors or the marble of modern art, it appears in every vir- 
tuous deed, in every act of self-sacrifice, in all magnanimous toil, 
in every recognition of the Brotherhood of Mankind. It will yet 



38 

be supremely manifest, in unimngined loveliness and serenity, 
when the Commonwealth of Nations, confessing the True Grand- 
eur of Peace renounces the wickedness of the War System 
and dedicates to labors of Beneficence all the comprehensive 
energies now so fatally absorbed in its support. Then, at last, 
ehall it be seen, that there can he no Peace tliat is not honorahle, 
and there ca7i be no War that is not dishonorable. 



EEBELLION, ITS CAUSE, AND ITS CURE. 

To find a remedy for any malady or ill, ^\c inquire into the 
cause of that malady. Let us, therefore, on the present occa- 
sion, withdraw our minds from all things that distract it, and for 
a brief moment contemplate the rebellion in our beloved country, 
over which angels weep, and which all nations behold with sor- 
row and mourning. A rebellion which has brought sorrow, 
lamentation, weeping, and great moui'ning into this nation, hke 
unto that of old : " Kachel weeping for her children and will not 
be comforted because they are not." And what is the cause of 
this rebellion ? let us prayerfully and sincerely and earnestly in- 
quire. Sin, or violation of the law of God, in other words rebellion 
to God's law, which also drove our first parents from Paradise, and 
brought sin, sorrow, and death with all its woes into this world. 
But God the Father, God the Son, and God the Spirit, three in 
one, made a covenant whereby man could be redeemed from 
eternal death. The government of God consisted of the Three 
in One, the Holy Trinity, And the church are to be saved, by 
and through their covenant. God created man in his own image, 
in the image of God created he him, both male and female cre- 
ated ho them. He said, It is not good for man to be alone, there- 



39 

fore made ho woman, nnd gave her to him, and said, "they are 
one flesh." "Therefore what God hath joined together let not 
man put asunder." Therefore husband and wife are the govern- 
ment of the family. Eebellion to parental control has led the 
legislator, in this land of freedom, where the onale citizen is the 
sovereign, to pass laws in violation of the law of God, and to de- 
stroy the family government by divorcing and dower laws. Qur 
pious, patriotic fathers read the law of God, and understood it, 
and founded our National JJnion on its basis, and no power oa 
earth can prevail against it. "We are in rebellion to the law of\ 
God whenever or whatever way we try to break up the union of 
States, or of families. Our only hope of eternal salvation, and 
our only hope of the salvation of the famiUes, and our only hope 
of the salvation of the National Government and Union, are 
alike involved in the keeping of the covenant of each. God has 
made man but little lower than the angels. He has endowed 
him with reason, wisdom, and honor, and he is now called upon 
to exercise those faculties. In the declaration of independence 
our patriotic fathers wrote the following words : We hold this 
truth self-evident, that all men are born free and equal. Did 
that declaration include the slaves which they then held ? Jef- 
ferson, in his notes on Virginia in 1781 — 2 writes thus, with re- 
gard to slavery : To emancipate all slaves born after passing 
the act. The bill reported by the revisers does not itself con- 
tain this proposition, but an amendment containing it was pre. 
pared to be offered to the legislature, directing them to be brought 
up to a certain age and then colonized. 

It appears from this extract that the covenant of our revolu- 
tionary sires embraces not the slaves, in their declaration of in- 
dependence, any more than thd covenant of the Trinity of Grace 
embraces all out of the church of Christ, or the covenant of 
husband and wife embraces all out of the family. 

To preserve the government or union of family or States, wo 
must pattern our Divine Leader, by keeping covenant. As our 
only hope of eternal salvation rests on faith in a covenant-keep- 
ing God, so must our faith rest on the people, the sovereign nil. 



40 

ers of this country, to keep tlio covenant or constitution of our 
fathers, and on the keeping of the marriage covenant rests all 
our hopes of the salvation of the family, and indeed the nation's 
existence. 

A violation of the covenant of marriage and of the Con- 
stitution of the United States has brought about this great 
calamity. The covenant reads, they are no more twain, but 
ore flesh — the laws should never have violated that covenant 
l;y disuniting or by making the wife less than the husband, in 
the government of the family or in the estate, but whatever laws 
governed one party should govern the other. As the laws are 
made to favor the strongest physical sex in acquiring estate, and 
the weaker sex labors not less assiduously, doing her husband 
good all the days of her life, working willingly with her hands, 
she is not less entitled than he is to the estate and government of 
the family. But we hear from all quarters that woman is inca- 
pable of taking care of property, and therefore, at the decease 
of her husband, her family must be broken up, and a stranger 
be placed as guardian of her children, if there is any property, 
because the children are heirs to the property, (which she has as- 
sisted her husband to acquire, and which by the marriage cove- 
nant belongs to her,) because the son has been to legislature and 
broken that covenant by passing a law which gives his mother 
a "dower" only, and makes himself heir. Then rebellion and 
disunion in the family arise, which operates on society. The 
mother finds her government has gone as well as her estate. 
For she is under bonds if she becomes efuardian of her own 
children. If she have no property she will not be disturbed in 
her family government. It is a violation of the covenant or con- 
stitution of marriage by legislator^ that destroys family union 
and government. The same may be said of the national gov- 
ernment. Legislators have disturbed or violated the covenant 
of our fathers. Eestore the covenant, and in time harmony will 
be restored to the nation, and union will follow. It is useless to 
attempt impossibilities. You cannot preserve union of States or 
of families, by breaking their covenant or constitution of the 



41 

United States, which was made by our patriotic fathers, and in 
the constitution of the United States is included the constitution 
or covenant or contract of marriage. 

If a law be violated the violator is punished according to tlie 
penalty attached to a violation thereof. If a covenant be \aolated 
by one party the covenant is broken, and the other can re- 
scind the contract and hold the first liable forilamages. 

The covenant of marriage, however, being a divine ordinance, 
is also a civil contract and is designed by our Creator for the 
preservation and perpetuation of mankind, no human sanction 
can be good against it. The wife covenants before God and 
witnesses to take her husband for better or worse, to love, honor, 
and obey till death. The husband likewise covenants in the same 
manner to take his wife for better or worse till death, to love, 
cherish and protect, and the constitution of the United States 
and the constitution of the State of Maine reads, that "the leg- 
islature shall pass no law impairing the obligation of contracts; 
it is void if they do — and that the judges shall be governed by 
the constitution of the United States, any State law to the con- 
trary notwithstanding," and all judges and legislators have sworn 
to support the constitution. 

Physiologists say that too near affinity in the marriage rela- 
tions produces idiocy, insanity, &c. If divorces are allowed, 
how is a person to know his relatives to the degree of half bro- 
thers and half sisters ? Particularly when the divorced 2^o,'>'iics 
emigrate one to California or "Western States, and marries, and 
rears his second family, and his "divorced" wife marries again 
and rears her second family. A few years since I had a servant 
girl that was born in Maine, the daughter of the first marriage 
like the case cited above, who, while living with me, told her his- 
tory. Let these three sets of children become of age and emi- 
grate,|become acquainted and marry, ignorant of the relation- 
ship existing between them, it may be, in so vast a country as 
this. How much evil may thereby arise, to say nothing of the 
sin of violating God's law. "What God hath joined together 
let not man put asunder." The covenant of marriage ordains 



42 

that the married couple become one flesh and no more tioam. 
There are three that bear record in Heaven, the Father, the 
Word, and the Holy Ghost, and these three are one. God the 
Father is represented as Creator of mankind ; God the Son as 
Redeemer thereof; and God the Holy Ghost proceeding from 
the Father and the Son, Sanctifier of human nature, and fitting 
us to become heirs of God. In the first chap, of Genesis God 
the Father spoke ; the Word (which was afterwards made flesh) 
went forth, and the spirit moved upon the face of the waters. In 
the 26th verse the Almighty says, i?i ^/^e^jZwra/ number^ let us 
make man in our image, and after our likeness. Our understand- 
ing creates everything we know ; it is the Creator within us, and 
is to us Father of all other faculties. Our memory is begotten 
by the understanding ; saves and preserves what the understand- 
ing creates, and is the Savior within us. What the understand- 
ing creates, and the memory preserves, our afi'ections will induce 
us to love it or to hate it, to pursue it or avoid it, which proves 
that as understanding and memory are of an age so are the 
Father and the Son. Thus in the formation of ovir bodies there 
are three lobes in the brain, which is the seat of life, called the 
cellebrum, cerebellum, medulla oblongata, and there are three 
persons in the Holy Trinity loho gave life. To deny the doctrine 
of the Trinity is to deny our own baptism, for we were baptized 
in the name of the Father, of the Son, and of the Holy Ghost ; 
it is to deny our own souls, for they were made in the image of 
God, it is to deny our own bodies, for there are three lobes in the 
brain, which is the seat of life, it is to deny the elements of the 
material Avorld. To deny that marriage is not a divine ordi- 
nance, when we were married as we were baptized, into the 
name of the Father and of the Son and of the Holy Ghost, and 
that the w^ife was not endowed as one with her husband in all 
his worldly goods is to deny the Holy Scriptures, that these three 
in one bear record in heaven. The Father, the Word, and the 
Holy Ghost, and that covenants and contracts are useless and 
void. 



43 

To the Senate and House of Kepresentatives of the State oj 

Maine in Legislature assembled on the first day of January, 

A. D., 1863 .• 

Eespectfully pray the undersigned, citizens of Portland and 
vicinity, that the union of Families may be preserved by making 
the Law to conform to the Covenant, which is taken to be God's 
holy ordinance, and the inclusion of the Civil Contract by the 
Church : " With the ring I wed thee, and with all my worldly 
goods I endow thee, in the name of the Holy Trinity, Amen." 
And a penalty to be inflicted for a violation of the covenant ; — 
the wife to share equally tho husband's estate with himself, and 
at the husband's decease become the legal guardian of his chil- 
dren. Mrs. jane P. THURSTON. 

Portland, Nov. 12, 1862. 



Portland, July 26, 1863. 
To the Hon. Judges of the Supreme Court, Judge Kent and as- 
sociate Justices. Gentlemen : 

The undersigned respectfully petitions your honorable body 
to appoint a time to, collectively or individually, give a hearing 
to her case, which was tried in the Court of Equity from the 
year of 1853 to that of 1858. Very respectfully, 

Mrs. jane P. THURSTON. 
We had a hearing but no indemnification or legal assistance 
to extricate the land. 



Augusta, 20 Feb. 1863. 
Mrs. TnuKSTON : — Your documents are all received. Do not 
go to any expense of any kind. When we get through I will 
notify you all about it. Yours truly, 

J. A. PETERS. 



44 

Augusta, 16 March 18G3. 

Mrs. Jane P. Thurston, Portland. 

Dear Madam : — Here is your proposition to settle 
the rebellion, which you wished returned. That comes rather 
within the powers of Congress than a State. I don't know as 
we need attend to Barrows' case any longer, inasmuch as he has 
been taken from the Judge of Probateship. The Governor 
had you in mind, probably, in making the change. 

Yours truly, J. A. PETEES. 

To the Hon. Scnatots and Representatives of the State of Maine : 
Mrs. Jane P. Thurston, widow of Henry Thurston, master 
mariner (deceased) respectfully represents that she has been de- 
frauded in the settlement of the estate, (particularly, in the ac- 
counts of the Bark Nelson Place, and the BarkE. A. Kinsman) 
through the agenaj of the Judge of Probate, (of the county of 
Cumberland,) Wm. G. Barroivs. 

She prays your honorable body to indemnify her, and to im- 
2)eachihe Judge of Probate, AVm. CI. Barrows. 

Mrs. jane P. THURSTON. 
Portland, Dec. 18G2. 

The letters of Hon. J. A. Peters will show that we received 
no indemnification, and the judge no impeachment. 

First. I called on Judge Barrows before the appointment of 
the administrator Mr. Trask, and objected to him, on the ground 
of his being an owner and a party interested in the accounts, as I 
learned by his conversation that he would take an advantage 

of us. 

For instance, Mr. Trask told me that he, or the owners, should 
allow Charles no wages for his voyage to Marseilles, six months, 
when he was shipped for SIO per month, and we had advanced 
to him the most of his pay. 

Second. Mr. Trask told me, a few days before he was ap- 
pointed administrator, that he should charge me $10 per month for 



45 

my board and my children's board for the voyage to Marseilles 
notwithstanding I showed him the bills that my husband paid from 
his own money in N. Y. for provisions sufficient for us the voyage. 
At the same time Mr. Trask told me that " the judge might not 
appoint him administrator as he was very particular Avho he ap- 
pointed administrator." It was at that suggestion that I went to 
Judge Barrows and objected as stated above at the time appoin- 
ted in the published notice. 

TuiRD. The Judge appointed him without notifying me again. 

Fourth. The administrator brought his own chosen appri- 
sors. One, Stephen Dyer, being an owner, I told my step-son, 
George, that he did not suit me ; and as to Mr. Fessenden, I would 
not have him for an appraiser, for several reasons. One reason 
being his relation to Mr. Trask. I went to Mr. Cushman, and to 
Mr. Trask, and objected to his being an appraiser, but in vain. He 
was appointed and came with the appraisers. He took an inven- 
tory of everything belonging to me and to my husband, viz : fur- 
niture, books, chronometer, barometer, charts, quadrant, and 
money, chests of clothes for the children. Mr. T. took a receipt 
for the city scrip $3000, R. R. Bond $1000. The latter valued 
at $850. They took the city scrip and R. R. Bond from me, and 
my gold watch. They sold me my watch again for $18 more 
than its value by Messrs. Lowell and Senter. The $350 they left 
with me, and took my receipt to account for it when called for. 
Mr. Trask soon called for it, and I paid it to him. I went to 
the Manufacturer's and Trader's Bank, and hired money on my 
endorsed note to feed myself and my little children, after vainly 
striving to obtain money from Mr. Trask, or to gather pupils 
enough to teach a school to earn my bread and my children's. 

Fifth. I carried a petition to the judge for an allowance. It 
was a written petition, giving the ages of all the children, two 
young men, and two who had died whose ages united amounted 
while wilder my care to forty-three years, but whose four living 
ages united was seventy years ; viz, 1st. Henrietta, 13 years, 
George Henry, 21 years, "VVm. E. 18 years. The second Henri- 
etta 11 years, Abbie Jane 8 years, Henry died six months pre- 



46 

vious at Marseilles, 1 year 9 months. The second children's ages 
united was tiventy-one years, while the first four cldldren^s ages 
united was seventy years, and not one of the first children ever 
supported himself. In my petition I showed that my own ac- 
count of money before marriage amounted to six hundred 
dollars. The judge spoke thus to Mr. Trask : "I see her hus- 
band had confidence in her, suppose we allow her eight hundred 
dollars, which was agreed to." I enquired of the Judge if eight 
hundred included my accounts and the allowance on account of 
the difierence of the. ages of the children. He told me " yes, 
and I don't alter my mind, if you are not satisfied put it before 
the Supreme Court." I replied, what would be left then to feed 
the children ? Said he : " Don't let us hear any more of your 
talk here." Then Mr. T. and I came out, but I went again in 
the afternoon and cai-ried my husband's letters &c., and begged 
him to read them, and see my husband's will, and to increase the 
allowance, and I would call at the next Court. He took them 
without reply, people being there. I called at the next Court 
and he gave me my letters &c. He said he " had not increased 
the allowance." I took the papers and said nothing. I enquired 
if I should bring at the next Court the names of commissioners 
for the Dower. He said "yes." I replied, can I have choice of 
names ? Said the Judge : " One piece of advice I will give you 
before you come again, and that is, to learn some manners." I 
begged his pardon for my ignorance in speaking thus ; that I 
was not aware of speaking improperly to him. I never went 
again to see him, 'till I went as guardian, to make oath to the 
inventory. I then told him the administrator had taken the ad- 
vantage in settling accounts, and again showed him my husband's 
letters, v^'ill, &c., where he appointed me administratrix. He 
treated me so that I did not recover from its eflects for a week. 

Sixtli. I notified the owners, particularly Mr. Trask, that I 
would leave out to referees the barks' accounts. I left the books, 
vouchers, &c., with the accounts drawn oS", with Capt. K., for 
him to examine, and he lent the account without |the contra 
account to Mr. Cushman, and he did not return_them again to 
Capt. Keazer. 



47 

I have not seen jet how they could make us in debt, as by 
Mr. Cushman's account, $242, on the voyage of the bark Nelson 
Place, from New York to Marseilles. The bills were all paid 
out there, and $1,566 remitted to Mr. Cushman, the ship's agent. 
She returned with a freight of $2,450, to New York, where we 
left her to the oiuners with hatches on. My husband had charge 
of her seven months, at $40 per month, and 5 per cent, primage, 
and $4 1-2 per month for the use of chronometer. He owned 
5-32 of the bark. 

She was subsequently lost or condemned at Rio Janeiro. She 
was insured for the year for $2,500. I see $2,300, only was 
paid, and the insurance on the freight of our 5-32 was $900, $700 
was paid as per administrator's account. The bark E. A. Kins- 
man was sold, for her much does not apjoear on the inventory 
or accounts. The two voyages (of the bark E. A. Kinsman) 
previous to her sale, do not appear on the inventory or accounts. 

The disbursements of bark Nelson Place to Montevideo, and 
back to New York, which my husband sent to Mr. Cushman 
from New York, before sailing for Marseilles, July 2d, 1859, ap- 
pear to have been entirely overlooked. He remitted $4,077.78, 
his books say. 

Mr. Trask received 3 and 5 per cent, commission on my 
City Scrip and Railroad Bonds, also on the insurance money 
and discount of $10, he charged us, besides his using the money. 
He received 3 and 5 per cent, for settling the bark's accounts to suit 
himself. He omitted one piece City Scrip of one .thousand dol- 
lars value, and three hundred and fifty dollars on the inventorv 
when he had them in his possession, and put me to the expense 
of seventy dollars to secure them, and to look after him other- 
wise, and kept the account open more than a year, when he 
qfered before his appointment to settle the accounts immcdioMy 
and that gratuitously. 

He kept George idling about for the ijear, and supplied him with 
money, for which he allowed me no interest, and rcficsed me any 
money, except ^the $57 for gravestones and $o for obituary, 
which he charged on first account as Mrs. Thurston's bill of $86. 



48 

A few articles of furniture was included in the bill of $86, and not- 
withstanding, I did not purchase the furniture (except the few 
articles just mentioned) till the year expired, and it was occupy- 
ing the house, he charged me, (after the first three months,) for 
the rcnt^ at $125 a year, and allowed the pasturage to lay waste. 
He charged $10 more than the tax of the ivhole estate of my hus- 
band, (which tax always included my land,) and when told of it, 
went to Mr. Palmer, at the close of the year, and got him to take 
off to me $21 of the tax, and took oath in his first account, that 
he paid the whole tax, and sold my land for taxes, which was 
taxed to my husband's estate, and which I otherwise had no 
money to pay. 

The Judge appointed Capt. Wm. Kinsman, (who was master 
and agent of the bark E. A. Kinsman, and who sold her, being 
one owner, and a maternal uncle to my step-sons,) guardian of my 
youngest step-son, and I have never seen or received a line from 
him since, although I reared him from the age oifour to eighteen 
years. Oapt. K., as guardian has jylaced no inventory on file at 
Probate Court, and yet he sent Stephen Dyer to me a few days 
since, to pay him the balance of i^ersonal estate, coming 
from my youngest daughter, Abbie Jane, who died last Feb- 
ruary, aged 10 1-2 years, while she leaves an invalid sister of 
fourteen years of age, with only five to seven hundred dollars, to 
be cared for by whom ? 

Respectfully submitted, 

JANE P. THURSTON. 



The conclusion of the whole matter is, that Samuel Trask and 
"Wm. H. Kinsman defrauded me out of my estate, and my step- 
children, through the agency of the Judge of Probate, W?7i. G 
Barroivs, when the Judge knew that he had no right tohatever to 
meddle with my business when my husband had appointed me 
administratrix, and I notified Mr. Trask that I would leave out 
to referees the barks'' accounts, and appointed Judge Shepley my 
agent to settle my Imsbaud's estate, and in taking my papers 



49 

from Capt. Keazer, and refusing to return them, have subjected 
themselves to punishment, whicli, I hope, the Legislature will 
not fail to meet out to the Judge of Probate, as he assumed their 
guilt. I am entitled to my step-son's services 'till he becomes of 
age. His father gave him to me and I educated him, and I 
could have placed him in a v,'holesale fancy dry goods store, with 
a salary of S800. We took him to sea because he was getting 
wild, and my husband feared to leave him in my absence. 

liespectfully Submitted, 

JANE P. THUKSTON. 
Judge Shepley can witness to the above. 

It may be that a spirit of inquiry is awakened in the men of 
the County of Cumberland, to know what becomes of all of the 
estate of the County, the whole of which passes once in twenty- 
five years through the Court of Probate, if there is no responsi- 
bility in the office of the Judge, as every person knows the laws 
of the State require him to submit his " will " to the approval or 
the will of the Judge of Probate. As my father and my husband 
read law naturally they acted accordingly, the former by giving 
me, in unison with my mother, a Warrantee Deed of Land on 
Munjoy, my father remarking at the time, that " a deed was 
stronger than a will." My husband gave me possession of all 
estate in his power, with a will or jDOwer, at his decease, to supply 
his place by administering &c. without bonds ; but it conflicts 
with Judge Barrow's will and deprives him of all power, which 
he will not submit to, although the laws of Maine in the Revised 
Statutes say : " Sailors at sea and soldiers in service, are ex- 
empted in their personal estate from the Statutes therein, which 
are for landsmen. I see by the " Press" that the land which my 
parents deeded to me, is offered for sale for the taxes of my step- 
children ; when I objected, in writing, to Judge Barrows' giving 
my property to ray step-children. What can I do, when the 
Legislature have seen proper not to unloose my shackles ? Sup- 
pose my husband in his life had refused to sell my land or to 
pay the taxes, and my services and all I possessed belonged to 



50 

him, what could I have done, had the City sold my land ? My 
husband always paid the taxes on my land, but Mr. Trask, the 
administrator, notwithstanding he had all of my estate in his 
possession, sold my land for taxes made to the estate the year he 
was administrator, to cover his sin of charging te7i dollars more 
than the true tax bill. When a child of ten years, I had mastered 
the four ground rules of arithmetic, and through Reduction to 
the Eule of Three. I was able to answer the question of the 
teacher : " How many cypher from cypher would leave ?" Viz : 
nothing — and I have not yet forgotten it. I would like to ask 
the learned men of this County, how much better oflf is a widow, 
with a " dower" in any amount of Real Estate, where taxes and 
incidental expenses on it exceed the income of the property, when 
it is beyond her power to purchase the reverse of dower, than 
the widow who is left without a cent of property, with the purse 
strings of the public opened to her through the various charitable 
societies, of wood, &c. } 

If it be asked by what authority I speak, and that I speak as 
one having authority, my reply is, I have sufiered in my own 
person the whole law, and thereby am enabled to work out the 
salvation of this blessed Union of States. Every phase of trial 
and difficulty through which the nation has passed or is passing 
in this struggle, have I passed through since the death of my 
father, in A. D. 1847. Seven years before his death, at the re- 
quest of my mother, who united with him, he executed a deed of 
six and a half acres of land, and gave it to me, saying " A 
deed is stronger than a will." Subsequently I deeded it to him, 
but he did not accept it, and on his death bed told me, when I 
inquired if he would allow me to record the deed, he answered 
no, the land belongs to you, after a moment's thought he added : 
" You can lease it for the benefit of your mother for her life-time." 
I promised to do as he requested. After his death, at the request 
of mj eldest sister, made through the second sister, to keep the 
harmony of the family, I divided the land between the five brothers 
and sisters, to the exclusion of the eldest sister, she taking the 
homestead at mother's decease, her husband having already a 



51 

deed instead of n bond, for security for $1000 he had loaned my 
father, and, instead of giving back a bond, as they promised, but 
had not performed, at the death of my father, my eldest sister 
proposed to give mother a bond, or life lease of the homestead, 
if I would divide my land among the brothers and sisters, exclud- 
ing herself My eldest sister employed a counsellor by the name 
of Boyd, to draw up the bond or life lease of the homestead for 
mother, which my second sister brought to me to examine, when 
she brought the proposal, with letters from absent members of 
the family approving the plan. After talking and reflecting on 
the subject, I told m}' second sister of two changes to be made 
in the bond or life lease, one change was to increase the forfeit 
from ^$500 to $5000, as the property was considered to be worth 
$6,000 to $10,000, and I would then consider of it. I told her I 
had promised my father, on his death bed, to do as be requested. 
She took 'the bond or life lease, to my eldest sister, and she got 
Mr. Boyd to draw up a second one, making in it the first change 
only, and my second sister brought again the bond or life lease, 
corrected only in part, and strenuously advocated its adoption , 
saying that it would be the only way to keep the peace of the 
family, that my eldest sister had power of attorney in her hus- 
band's absence to do it, and if he returned perhaps it would be 
out of her power, that if I should die suddenly, the land would 
go to my heirs, to the excluding of mother. Then I consented, 
and my husband and two sisters met Mr. Boyd at his office, and 
drew up the writings, and brought them home for me to examine. 
I asked my husband why the joint bond read, that in consider- 
tion of having this day received a quit claim deed from James E. 
D. and wife, and other valuable considerations, have not I a war- 
rantee deed from father and mother ? He replied " It was Mrs. 
D.'s proposal to give you the deed, and Monday morning we are 
to meet again at Mr. Boyd's ofiice, to sign the papers. Do you 
copy the joint bond which we give your brothers and sisters of 
the land, and leave out " other valuable considerations, (which 
means the bond or life lease, to the mother, to the homestead,) 
for we have received no valuable considerations." I complied 



52 

with his request, and Monday my second sister called for us to 
go to Mr. B.'s office to sign the joint bond, «&c. She said my 
eldest sister was not going, but she had a written note to take 
for her to Mr. Boyd. We went and signed, and the joint bond 
Mr. Boyd took to Mrs. D. and mother's bond or life lease, which 
we left Avith him to record as he was City Clerk. My second 
sister called in the afternoon, on her way to take the cars, to re- 
turn home to Boston. I inquired wliy my eldest sister did not call 
as shehad promised hershewoulddo,themorning before we signed 
the bonds. She replied that she was very busy and much fatigued 
&c., she did not say that she was displeased, but she said that she 
had given her a receipt which Mr. Boyd wrote, also, instead of 
giving her the joint land, to send to the parties interested, Mrs. 
H. having taken a conditional quit claim deed of one fifth of the 
land. 

When the husband of my eldest sister returned from sea, he acted 
as agent for the holders of the joint bond, and Mrs. H. at their re- 
quest to comply with one condition of the joint bond, viz : to " run 
out the land into five parts of equal value, by disinterested persons, 
chosen by the parties." Then my husband desired them, in order 
to give them the deeds, to comply with a condition of the bond, 
which was to receipt or annull the bond. My eldest brother sent 
to my sister Dockray for the bond, to annul it, and immediately my 
mother found among some waste paper the old deed which I had 
executed, and my eldest sister happening in, took it and placed it on 
the records. Mr. Boyd then called and requested me to execute 
a deed of one-sixth to my eldest sister. I told him it was not 
possible, since we had already given a quit claim deed of one 
fifth, and a joint bond of four fifths, and but one fifth remained 
within ouy power. Mr. Boyd told me we had had more trouble 
than the land was worth. Shortly after he acted as counsellor, for 
Capt. D. who filed a bill in the Supreme Court of Equity, against 
us. He based the bill on falsehood, and was the chief witness in the 
case, and after keeping it before all the learned Judges of the Court 
of Equity five or seven years, Mr. Boyd exploded all by his own 
testimony, by saying to the interrogatory of the Court, "At 



53 

vvh'ose request did you draw up the deed from Capt. D. and wife 
to Mrs. T. ?" His reply, was " At Mrs. D.'s request." So the 
Judges decided to place it back from whence they took it. It was 
impossible to do that, as my sister had died, my oldest brother, also, 
had died, and his wife, and my husband had nearly'' fretted him" 
self to death, and mother, the iron-nerved woman, braved 
the fierce storms which swept over her with a fortitude that 
was never out-braved by any mother. She saw her first-born) 
that had been her pet in her childhood, her pride in maturer life, 
and her comfort and solace for fifty-four years, taken from her, 
when she now most needed her, in her widowed old age for her 
staff, and her gallant son ; who could tell the anguish of her 
widowed heart, as the sad tidings came that he also had died in 
the midst of his years, in the midst of his command at Fort 
Morrill, Texas ? In the deep waves of sorrow that swept 
over me, I looked upward, and saw the cord let down from 
Heaven, to which I clung, as woman is ever wont to do in 
affliction. My thoughts jvere, " Though He slay me, yet will I 
trust Him." He is too wise to err, and too good to be unkind." 
The Almighty designed the trials of the Patriarch Joseph for his 
good, and He must have some great purpose to accomplish 
through my suflerings. What would I not have done to preserve 
the harmony of the family, that my father so much prided him- 
self in ? Truly I could respond, nothing in my power but I 
would have done to preserve harmony. 

"We paid Mr. Eand, our counsellor, $260 for defending the 
case for us, and aftervi^ards were told that Mr. Gould, (who had 
purchased two sixths of Brother J. and Sister Wilbur,) had the 
liberty of the Court to set off to him tvpo-sixths of the land, be- 
fore the Court had decided the case, and while my husband was 
absent at sea and I was sick at home, he notified me, and I pro- 
tested to the commission against it, for the above reasons, then I 
sent to my counsellor a protest, and he informed me that Mr. 
Gould promised to wait my husband's return. He waited one 
or two months, and then, without notifying me, took the com- 
missioners, and set off to himself whatever of the land he pleased, 



54 

which was more than two-sixths of the land. My husband died 
after returning, and making but one more voyage. Then I 
called on Mr. Gould to run over the land. My husband pur- 
chased my sister's one fifth interest, and gave Ids note, which / 
took up and paid for^ from my R. R, Stock, a few weeks before 
my husband's death. He refused to run it out again. 



Portland, April, 1859. 
Dear Brother: We received your receipts for our deeds, 
and as we have now complied with our part completely, I thought 
I would write the precise amount of expense we have incurred, 
that you might know as well as we do how we stand. We can 
give vouchers for each bill, as here st£j,ted. If you can perceive 
one point of error that we have committed, in all our transactions 
with you, I should be pleased to have you point it out to us 
In the first place, we gave you a joint bond as we were requested 

to by you and Mrs.D's requestthrough Mrs. H .after securing 

to mother a life-lease of the homestead. In the second place we 
run out the land, at the request of all the parties after meeting 
at mother's with Mrs. H. and Mrs. W. in the autumn of 1848, and 
mother's coinciding with us, that the following day it should be 
run out by a committee of disinterested persons. And it was 
done as agreed, and my husband paid for the plan and other ex- 
penses — and kept his vessel waiting, for she was ready for sea 
at the time. Then before the bond was sent to Bro. Samuel or 
Mrs. H., to be receipted or cancelled, mother gave Capt. Dockray 
the deed and he had it recorded, which put us back again. Then 
mother sold out her interest to us five and then Capt. Dockray 
sued us for a sixth after Mrs. D. requested us through Mrs. H • 
to divide it into fifths, and made all the propositions through 
Mrs. H., for I did not see her, and Mrs. D. sent word that it 
would restore harmony to the family if I would divide it into 
fifths and she would give mother a life-lease. As to Mr. Wm. 
Boyd, I never saw him or had one word of conversation with 
him, or in his presence or hearing, or with Mrs. Dockray, before 



55 

the bonds and deeds were drawn up. His testimony loas false 
and he ought to pay for the trouble he has made. My husband 
and Mrs. Hersey and Mrs. Dockray met with Mr. Boyd and 
drew up the bonds and deeds, I was not present, being out 
of health at the time. When my husband showed me the 
quit claim from Mrs. Dockray, I asked what it meant, as I 
had a warrantee deed from father and mother, not thinking 
that the deed I gave father was any worth when he had 
never accepted it, but told me on his death bed "to keep the land 
and to lease it for mother's benefit her life time," and told mother 
the same " but to confide in Capt. T. and Jane and they would 
do right by her." As to William Boyd, he will never go unpun- 
ished for his great sin, but as it is written "Vengeance is mine, I 
will repay, saith the Lord" I leave it. It is impossible to esti- 
mate the trouble and sorrow he has made by his false statements 

and evil influence over Capt. D . But I willl leave that subject 

and return to the expenses paid on the" CofSnlot by my husband 
for Bro. Samuel's children and yourself. First, taxes on two-thir- 
tieths from year 1852 to year 1858, making six years 

at $3,44 for two-thirtieths per year, 20,64 

Mr. Hanson's bill for running out said land as per order 

of parties is $26,25, two-fifths of same, $10,50 

County Commissioner's bill and expenses of getting rail- 
road money, for which we have receipts, $52, two- 
fifths of which is, 20.80 
Mr. Eand's bill of defense $278,00, less deducted $18,00 

on his bill when paid, $260,00 two-fifths of which is $104,00 



$155.94 



Credit by railroad money received, gross sum $121, two- 
fifths of which is $48.40 



Balance due us is on two-fifths $107.54 

You perceive Joseph, that we do not charge for the expense 
of writing and sending of the^ deeds, nor speak of the trou- 
ble we have had, but simply give you the outlines, and leave it to 
your strict sense of justice whether we shall pay all the expenses. 



56 

You know the five were brought in as parties to the bill of equity, 
and we have paid all of the expenses of the suit, and trust to 
the honor of the parties concerned for our pay. And thus I 
leave it. 

We will take your thirtieth if you wish it at the price you stated 
and pay you over the balance. You can get the deed drawn 
up and send it by letter to us or to Mr. Trask. You need not 
fear our taking advantage of you, for I never yet took the ad- 
vantage of any person, nor ever intend to. You will perceive 
that your part of the expense is lialf of $107,54: which is 53,77 
each fifth part. Truly your affectionate sister, 

Jane P. Thukston. 

Cumberland ss.. Supreme Judicial Court, 

James R. Dockray, 7 j 

Hbnry Thurston and als., j ^ ^ * 

Answers of William Boyd, a witness examined on the part of 
the Plaintiff in the above entitled cause : 

"At an interview in my oflice, between Mrs Dockray and Mrs. 
Thurston, Mrs. Dockray said to Mrs Thurston — Jane, if you 
will not do justice to all of us, the heirs, I will give up all my 
claim to the Coffin lot, for the sake of your doing justice to my 
absent brothers and sisters, and you and they may have the 
whole of it." 

Now I, Jane P. Thurston, do solemnly in the presence of my 
Maker, declare that I fiever had the above interview in Mr. 
Boyd's office. 

Mrs. Dockray and I, never spoke together for months previ- 
ous to her giving the quit claim deed of the Coffin lot, owing to 
some words we had together at mother's in her presence when 
she handed me the tax bill, which was made to me and left at 
mother's. It was in the month of March, 1848. Owing to the 
state of feeling between us, as we did not speak togethei', Mrs. 
Dockray took mother to Charlestown,leftherat sister llersey's, and 
brought Mrs. Hersey to Portland and sent her to me wuth the 
proposition that she (Mrs. D.) would give mother alife-lease or bond 
for^$100 per annum (or in failure $500,)tlie rent ofthe old mansion 



57 

house, cojipor of India aad Fore streets, and rent free of corner 
part that mother then occupied, to mother her natural life, if I 
would divide the Coffin lot with the lour named brothers and 
sisters, equally with myself, viz: Harriet B. Hersey, Dorcas F. 
Wilbur, Samuel M. Plummer, and Joseph Plummer.j She stated 
that if I would do that, that she would come over, and the diffi- 
culty, or hard feelings would all be settled between us. She did 
not ask me to give her a portion of the land, but was satisfied 
with the property she received in the old mansion house on India 
and Fore streets. 

Mrs. Hersey brought the bond or life-lease of the homestead, or 
family mansion for mother to me which Mr. Boyd had drawn up. I 
told her to take it back to Mrs. D., and tell her to change $100 to 
$160 per annum or increase the penalty of $500 to $5000 or a 
larger amount and I would think of it. She returned with a sec- 
ond bond, or hfe-lease drawn by Mr, Boyd for $160 per annum 
without any alteration to the $500 forfeiture. My husband and 
I consented to give to #ach of the above named a bond of the 
land on Munjoy, and my husband, Mrs. Dockray, and Mrs. Hersey 
met at Mr. W. Boyd's office, and' made up the agreement or 
writings. I was not present (being out of health) did not see Mr. 
Boyd, or have any conversation in his presence or hearing, 
before the deed alluded to was drawn up, and further had 
never in my life been into his office, or ever had one word of 
conversation with him, or in his presence or hearing, about the 
land. Mrs. Hersey went back and forth to Mrs. D. and myself — 
and Mrs. D. employed Mr. Boyd to do the writing, and I did not 
see Mr. Boyd during the transaction of the business. I distinctly 
say, that I had no conversation with William Boyd at his "office' 
or his "house," or my "own house," previous to the execution of the 
deed." The first conversation Mr. Boyd had with me was in 
the autumn of 1848. He called at my house and my husband and 
others were present, and requested us to give deeds for the bond. 
But as Mrs. Dockray retained the joint bond instead of return- 
ing it to the proper owners for them to annul, we declined for the 
time. The month of January, 1849, a deed that I had voluntarily 
executed of the Coffin lot to father (but which he told me on his 



58 

death bod not to put on record, that the land belonged to me) 
was found, and Capt. Dockray put it on record. In the spring 
or summer of 1819, Mr. Wm. Boyd called at my house the second 
time and requested me to execute a deed to Capt. or Mrs. D., 
or annul that^deed. He then told me "I had had more trouble with 
the land than it was all worth." The third time I saw him at his 
own house, after Capt. Dockray had instituted this suit, I told him 
I had called for some of his counsel, that Capt. D., for revenge, 
that mother had obtained a bond of the family mansion in his ab- 
sence, as he thought through our instrumentality had instituted a 
suit againat us. He spoke very roughly to me and in praise of Capt 
D., said he was his counsellor, and wished me to deliver up a bond 
he had written, and which I told him was in the possession of our 
attorney, &c. The counsel I expected of him, was simply some 
advice, as mother was advanced in years, and he appeared to have 
some sympathy when he called, and said to me, that I had had 
"more trouble with the land than it wa^all worth." 

The day after Mr. Boyd had drawn up the bond, or life lease, for 
mother and the joint bond and deed of quit claim of the Coffin 
lot, I called wuth Mrs. Hersey and my husband (Mrs. Dockray 
was not there) and signed the deed and bond. "We stopped 
probably five minutes — only long enough to sign the papers. I 
had no conversation with Mr. Boyd, but came directly out of 
his office ; and that was the only time I was ever in his office, 
and Mrs. Dockray was not present, being busily engaged at home, 
but she had promised Mrs. Hersey to call with her in the af- 
ternoon at my house. She did not call, however, and never to 
the day of her death, did she speak to me. Thinking as the 
scripture affirms that "in the multitude of counsellors there is 
safety'' and having received the counsel of many wise . friends, I 
attended Mrs. Dockray's funeral, but what was my surprise 
when William Boyd, Esq., came to the carriage three times and 
ordered me out of it. And only through the interference of Dr. 
H. allowed me to remain. 

The truth of the statements above I am ready to testify to 
under oath. Jane P. TnuKSTON. 



59 

Cumberland ss. November 9th, 1857. 
Then personally appeared Jane P. Thurston and made oath 
that the foregoing statements by her subscribed are true. 

Before me, Joseph Howard, Justice of the Peace. 

My Father gave Capt. Dockray a deed of the family mansion 
with the expectation of receiving back a bond, which he did not 
however receive, but always had the possession of the house. 
He owed Capt. D. $1000 and paid him one yeai-'s interest, but 
finding he gave back no bond paid no more interest, but received 
the rents and made the repairs having full possession till his death , 
Dec. 13th, 1847. I alone of all the children remained with my 
parents, till the l^ge of thirty-one, serving them in various 
ways, and like "Joseph of Old" received the coat of many colors 
" in the gift of a lot of land,'' if gift it could be called, when I gave 
my father my note for $800. 

Portland. January 26, 1835. 
Received of Mr. Moses Plummer sixty-six 12-100 dollars, one 
year's interest and insurance. Jamks R. Dockray. 

Harriet B. Hersey, of Charlestown, witness for plaintiff, de- 
clares and says : 

Clerk's Office, Sup. Jud. Court, ) 
Portland, June 9, 1856. S 

I was in Portland in the spring of 1848. Mary Ann (Dockray) 

proposed at my house in Charleston, to sign the deed enquired 

of and also to give my mother a lease for life of the house 

father lived in, provided Jane (Thurston) would give a bond to 

the heirs of Moses Plummer, for one-fifth part each of the lot 

purchased of Dr. Coffin by said Moses, and Mary Ann wanted 

me to go to Portland with her to see if Jane would do it, as she 

thought I could do better. Mary Ann and Jane did not have 

any conversation together in my presence, but I went from one 

to the other with their propositions ; Mary Ann wanted me to' ask 

Jane to give all the heirs a bond for one-fifth part, there was 



60 

no deed asked for, but a, bond to give a deed, — it was Mrs. 
Dockray's proposition to execute the deed, and she did execute 
it. There was no one present at the conversations I had with 
Jane, except Mr. Thurston, who was present ; and at Mary- 
Ann's there was no one. The conversation with Jane was at 
Mr. Thurston's house, and that with Mary Ann was at my house 
in Charlestown, and at Mr. Dockray's house in Portland ; there 
wSs some conversation between Thurston and Mary Ann at Mr. 
Wm. Boyd's office, about making out the bonds, but I do not 
recollect it particularly. 

Portland, August 13, 1863. 
Brig. General Shepley, Military Governor of Louisiana. 

The Courts (through your instrumentality, as attorney for 
Capt. Dockray, in a suit against me and my husband) have 
placed my property, viz : land on Munjoy Hill, so that I can 
have no legal control over it, while the city are extorting from me, 
my little personal estate for exorbitant and unjust taxation on it. 
As your Excellency, yesterday, could find no time to meet me at 
your office, as by your appointment, will you do me the justice 
to assure me that you will instruct your venerable father to ad- 
just and settle the case for you. No person has more wisdom 
than he, or a better knowledge of all the facts of the case 
than he has, as he was my agent to settle my husband's estate. 
Your venerable father knows very truly that Mr. Wm. Boyd 
and Capt. Dockray^ were instrumental in breaking the contract, 
whereby I now have a legal right to rescind the contract and 
to recover of you, as their counsellor, damages, after Capt. Dock- 
ray I'ecorded the old deed, which was said to be found among 
some old waste paper. My brother Joseph came to Portland 
and requested me to purchase of mother, her " dower," and said 
he and the sisters, to whom I had given the joint bond, would 
pay their proportion of it. I did as requested, and thought the 
deed was to be made to me and those holding the bond and the 
conditional quit claim deed, which I had given to Mrs. Hersey, 
instead of her title being in the joint bond, till mother came to the 



Gl 

house and told me to go immediately to Mr. Wm. Eosa, who had 
drawn up the deed, and correct the error he had made in placing- 
Mrs. Dockray's name therein, for she had not sold or received a 
cent from her for it. Joseph had gone to Pittsburg then, so I 
went immediately to Mr. Eoss, and protested against it, as mother 
directed me to do. I then wrote to my brother, and here is a 
copy from his letter, which is now before me, to Mrs. Dockray,, 
which must speak for itself. 

Pittsburg, Aug. 20th, 1852. 
My Deak Sister, : 

Jane wrote me some days ago about the land on the hill, my 

reply to her was to let the thing take its own course, and not to 

interfere with Mr. Eoss. Let him draw the deed as I requested, 

to the heirs of the late Moses Plummer, there being six of them. 

From your Brother, 

JOSEPH. 

The contract was broken by Dockray. He bad Joseph and 
mother completely in his power, for he had not only the deed of 
the old homestead, but he had my deceased brother ISamuel's 
money, to the amount of $1000, which I loaned him- several years 
previous, and took his note for, without endorsement or any 
security, as my brother requested me to do, to preserve family 
harmony. And other property he had of my brother, and his 
children who had been bereaved by death of their mother, while 
brother Joseph was his administrator, and guardian of his 
children, and he was anxious to keep peace to get the children. 

I advised recently with the U. S. Attorney, Mr.'Dana, and he 
referred me to the Hon. P. M. Chandler. He advised me to 
bring my case before the parties, and thought they would be 
glad to settle with me. 

Very Eespectfully, 

MES. J. P. THUESTON. 



C2 

Portland, April 11th, 18G3. 

Messrs. Siiepley & Dana : 

It was characteristic of my father's family to obey law, so that 
no instance is recorded of any relative's being punished for any 
violation thereof. To loss of estate lawfully, though unequitably 
taken from my father, and given by our Supreme Courts to others, 
he submitted without murmuring, but with anguish known only 
to those who have large families of young children looking up to 
them for bread, which has been ruthlessly seized by others, and 
which our Supreme Court have unequitably permitted. No won- 
der that I should have imbibed, an intuitive knov.'ledge of law, 
when my first reccollections and sympathies were awakened by 
the suflferings of my parents, as I so frequently heard them relate 
the various wrongs they had suffered, through a series of years, 
by the Courts. But my own experience of suffering from our 
Courts, is what I wish particularly to invite your attention to. It 
may be that God, in his providence] has inured me to similar 
trials of my parents, and the teaching of obedience of law, by my 
parents, for His own purpose. The gift of a coat of many 
colors led to the salvation of Egypt, and if the Supreme Court 
be the cause of all my anguish, bereavement, and sorrow, and the 
death of the members of my father's family, and the constant 
mourning during the life of my mother, and the death of my 
husband and children, with the loss of a portion of bis estate, 
through the sanction of our Courts. God grant that my obed- 
ience to lav^ be the means of showing to the nation, (by my ex- 
ample, though it be with anguish not unlike our blessed Eedeem- 
er's,) the plan for its salvation, viz : by an unwavering adherence 
to the Constitutional laws of our land, until a suitable time when 
passion is allayed, and men can reasonably modify them ; then I 
shall bless God for my sufferings. Put in force the Constitution 
of the United States, and no person could be divorced among the 
married colored slaves, and consequently could not be sold or 
separated. The cause of this war is divorces. The people from 
this cause have lost common sense. The physician, last winter, 



63 

at the Insane Hospital at Augusta, told me that most of his 
female patients had been brought to their present state by do- 
mestic affliction. With the present laws the burden falls upon 
the married women. We might illustrate in various ways,, not 
only by taking the husband and father from his family, and 
leaving them unprovided for, but by the city keeping a place to 
ruin those husbands, and impair their marriage covenant, by 
enforcing no law to punish ofienders for keeping and selling 
liquors, and otherwise ruining the soul and body of our soldieiy. 
But to return to the point of my own position in the law. I 
submitted to the law, but not without protests. I have suflered 
and fulfilled the whole law. Yes, I have suffered the laiu, which 
impairs — destroys the marriage covenant of my husband ! and of 
my parents ! How then are their children legitimately entitled to 
their estate ? You great men who arc so deeply learned in the 
law ; surely you know that no Court could break the warrantee 
deed of my father and mother, and that when Capt. Dockray 
sued us for one-sixth of the land, that he violated his own wife's 
contract, for me and my husband to give four-fifths of the land 
for our bond to my brothers and sisters, and we had a lawful 
right to rescind^ ayxd receive from them or their councellors, dam- 
ages. It appears that the Court appointed commissioners, who 
gave Mr. Gould my land during my husband's absence at sea, 
and my own illness, notwithstanding our counsellor, John Eand, 
sent mo a note, assuring me that Mr. Gould would wait for the 
return of my husband, before the commissioners would act, and, 
notwithstanding he assured my husband before sailing that he 
need give himself no anxiety, but go, and he would attend to his 
business as well as if he remained at home. On the Index of the 
County Eecords of 1858, I see Mr. Gould claims title from 
Henry and Jane P. Thurston, which I should call fraud or 
forgery. 1 called Henry Willis's attention to it a few days since, 
while looking over the records, and to my surprise, found by his 
insolent language to me that I was ignorantly probing him, I 
first asked him if he was the gentleman that called with Moses 
Gould in 1859, and got my signature to a petition to the Court, 



641 

to the division of the land, after urging them to go to my hus- 
band, who was loading the bark in Portland, and my husband 
was angry, and went to Mr. Eand and stopped it ? At first he 
answered no ; then he said yes, some years ago ! Then I showed 
him on the index where it said Henry and Jane P. Thurston, and 
told him my husband was absent from home at that time, and I 
was sick and gave no permit, and knew nothing about their claim- 
ing through us until that moment, and that the Court had no legal 
right to give away my estate &c. When Mr. Eand first took 
our defense to the suit of Dockray, to recover of us one-sixth of 
the land, we told Mr. Eand in our first reply that it was a con- 
tract which Mrs. Dockray proposed in order to secure a7id satisfy 
mother in a life lease in the old homestead, the land and house 
which had been in the family of my father a century or upwards. 
Capt. Dockray broke that contract again by taking the|land from 
mother and allowing a shop to be placed thereon during mother's 
life, without paying her a cent. James E. Dockray, Jr., told me 
that Mr. Eand told him he could legally put the shop there,'and 
mother fretted and shortened her life, she said, worrying about it. 

General Shepley, you and your partner, Mr. Dana, were attor- 
neys and counsellors for Capt. Dockray, in that suit, and to you I 
must look for damages, for the breaking of the contract between 
Mrs. Dockray and myself, by sueing us, besides claiming the law- 
ful right to rescind the contract, to give a deed for a fifth as my 
brother refused a fifth, and took a thirtieth, and Mr. Gould re- 
fused to comply with the bond, and run the land out into fifth 
parts according to the bond, giving us the choice of lots, as he 
had received from the commissioners 216 feet in the upper lot, 
for one-sixth, when our plan gave 177 feet only, ^to the upper lot, 
for one-fifth, which lot my husband told me he should choose. 
So you see Mr. Gould got, through Commissioners appointed 
by the Court, 39 feet more for one sixth than my husband 
would have taken for one fifth, and I paid Mr. Eand all my 
claim to Back Cove land foot of Myrtle Street, which Mr. Eand 
said was one hundred and ten dollars, and one hundred and fifty 



65 

dollar & from my husband, besides the vexations and loss of all 
income from the land. God will prosper you if you deal justly 
by me, not otherwise. 

Respectful]}^, 

JANE P. THURSTON. 

Mr. G-ould purchased one-sixth of my brother and one-sixth 
of my sister, in April, 1853, and paid two hundred dollars and 
gave back a mortgage of eight hundred for ten years. I exam- 
ined the records this week and found he had not discharged the 
mortgage, though the time of ten years expired last April. Soon 
after my husband's death my mental vision was quickened with 
a vision of mx true, helpless, hopeless position, and in my ex- 
tremity, with my little daughters, I bowed myself before the 
Lord, with a bruised spirit, so full of anguish as to be indescrib- 
able. After offering the prayer of the broken heart, we opened 
to the sacred words recorded in the 20th Chap, of 2d Book of 
Chronicles, at the 11th verse, and read words of consoration that 
instantly dispelled the anguish, and which we literally took as 
directions from the Counsellor and God of the widow, and Father 
of the fatherless, and as directed in the 16th verse : " On the 
morrow went down against them," — the administrator and 
others went to the office of your father .and with him confided all 
our business, and at his office met Mr. Trask. Believed literally 
God's word in the 17th verse : " Ye shall not need to fight in 
this battle ; set yourselves, stand ye still, and see the salvation 
of the Lord with you, Judah and Jerusalem : fear not, nor be 
dismayed ; to-morrow go out against them : for the Lord will be 
with you." I have followed the instructions in the following 
verses of the Chap., and then believed, and still as firmly be- 
lieve the twenty-fifth verse, where restitution fell to Jehosiphat, 
that I shall likewise receive restitution. It has ever since left on 
on my mind a firm, abiding impression that I shall receive ample 
restitution. Had the Almighty been visibly present and talked 
with me, I could not have had a clearer perception or greater 
quickening of His presence, His Omniscience, Omnipotence, and 
5 



66 

Omnipresence, and although the war had not then been inaugur- 
ated, I read and beheved the 18th verse : " The battle is not 
yours, but God's ; " and subsequently at another season of 
mental quickening, a whole view of the law of God in the divine 
Unity, and the Constitutional, law and Divine law of marriage of 
the people in this nation of Sovereigns, and the marriage and 
union of the States, opened to my mind and showed me they were 
on the same pi'inciple, and I hastened to spend my money in 
printing pamphlets for the benefit of the whole people, as I felt 
impressed that it was my duty to do, to show the people that if 
war ensued, there might be no remnant left, as combativeuess 
rises and increases by exercise, and that the lawful state of the 
nation would be like my land on Mun joy hill,and|j^ur old family 
mansion, without a legal owner. I can do nothing with the land 
until you personally, with the Court, adjust the difficulties, after 
which I might sell it to the city for a common or hospital, and 
pay what Mr. Gould agreed to pay to my brother and sister; my 
father and mother had possession more than twenty years after they 
had deeded the old mansion house to Dockray,and Abbie has never 
yet taken legal possession of the property, although she has 
received the rent since mother's death, as her father, Capt. 
Dockray, gave her his life-lease; which he received of James, 
Jr., when they had the law suit, A. D. 1858. The house is 
falling to decay for the want of an owner to repair it. 

Our nation will be in precisely the same position, if you do not 
heed my humble petition, and extricate me from the dilemma into 
which the Supreme and Probate Courts have placed me. If you 
do me the equity due me, you will be enhghtening and directing 
the nation into the true channel, and by the same chart and 
compass reach the same port of felicity, prosperity, and peace. 
M.ark my words, as true as God liveth, as ye deal ivith me " it 
shall be done unto you^'' and all of this nation, in this present 
struggle. If you care not whether my children and my health 
leave me, by making no effort with the Court for my relief, the 
same will the Lord requite unto you and yours. 

When the commissioners called on me, before setting off the 



67 

tUo widow's dower iu my husband's estate, I told them that we 
gave a conditional deed of one-fifth to my sister, Mrs. Hersey, 
which ray husband paid three hundred and gave his note for 
eight hundred, and that we paid the eight hundred the week 
preceding my husband's death, by R. R. Stock &c., lihat my 
husband told me theland was mine, and that I wished them, if they 
considered it my husband's property, which I do not, to give my 
dower in that, and take my husband's estate altogether, and give 
it to his children, and not take away my estate and give to the 
children, and give me a dower in my husband's, and I told the 
commissioners for my children's " life interest" in the real estate, 
that the boys might take their fiither's provided they would o-ive 
the " fifth," or the lot spoken of, to my children. But instead, 
how easy for them to say, without putting down bounds, the 
little ones can have a life interest in so much of the land, provided 
you pay an exorbitant tax therefor, as has been proved since 
Abbie Jane's death, darling child, she had her senses perfectly 
to the last moment, but if the law had allowed so young a child 
to have made a will, I would sooner have starved than disturbed 
her last moments, or her father's, in so unsuitable and inconsist- 
ent a work as that of making a will ! Even the iron-nerved 
woman, my mother, was so deeply agitated, when she attempted 
to give me a non-cupulative will, that she stopped short and 
expressed her regret that she had not attended to it in health. 

Mr. Dana, as Gen. Shepley is soon to be in Portland, I wish 
you to show him and Judge Shepley this letter, and make up to 
me for breaking the contract, by sueing us, the damages, which 
$10,000 would not pay, nor ten times that amount, and allow us 
to rescind the contract, and pay us an equitable amount, and you 
will never regret it ! The Lord will prosper you if you do, and 

not otheUfvise. 

Very Respectfully, 

JANE P. THURSTON. 

P. S. I shall certainly worry myself to death or lose my 
health, if I do not find relief from you. You surely will give me 
relief by indemnification, and reinstating me in my rights. I sent 



68 

a written protest to the Judge of Probate, against his giving my 
land to my children and foster children ; but he heeded it not. 
Respectfully, 

J. P. T. 

• 

Portland, Sept. 1, 1857. 
In consideration of receiving one half of what may be recovered 
or obtained from a doubtful claim of the heirs of Moses Plum- 
mer, to certain land and flats at the foot of Myrtle Street, in 
Portland, I hereby agree to investigate and prosecute said claim 
to a final settlement thereof, (by judgment, compromise, or other- 
wise, as may be deemed expedient,) free of all expense to said 
heirs. _ Signed: 

JOHN EAND. 

An explanation to this written agreement, signed by Mr. John 
Hand, is necessary to give the reader an understanding of it. 
My sister and myself called on Mr. Eand, and instructed him to 
secure for the heirs of Moses Plummer, our father, the continua- 
tion of Myrtle Street, from and below Oxford Street, as it re- 
verted back to his heirs in consequence of the Town or City of 
Portland not accepting my father's terms, by making the Street in 
the time specified. Instead of Mr. Eand's confining himself, as by 
agreement, from and below Myrtle Street, he presented to the 
heirs of my father, a deed, for their signatures, including the land 
or flats from the from the North side of Myrtle Street to the 
South side of Stone Street, including, also, the land between the 
Streets, of the width of sixty-six feet to the Bay Shore, or Back 
Cove. He put no name into the deed, and said he would give 
his note for $550, payable in six months, but which ra*^ brother 
refused to sign. Mr. Eand threatened us, by word and by letter. 
My brother J. sent to me, from Pittsburg, the letter he received 
from Mr. Eand, threatening the whole Plummer family. 1 copied 
the letter and sent it to my husband, at Matanzas. My husband 
answered the letter and told me not to be alarmed about Mr. 
Eand's annihilating either the Plummer family or the land, that 



69 

he would give his opinion of him if he were not in his power, Mr. 
Eand being at that time our attorney, in the suit at the Court of 
Equity with Capt. Docla-ay, and not to stand as fender to the family, 
for we had stood enough of that, but if ray brother and sisters 
signed the deed, to sign it also, I signed the deed as directed, 
and yet Mr. Eand allowed Mr. Gould to take the advantage 
of us, by allowing the commissioners to set oflf to Moses Gould, 
after notifying me, that commissioners would not run out the 
land till my husband's return, and yet permited them unknown 
to me, to run out and set oflf more than two-fifths, for two-sixths 
of the two best selected spots or parts. 

Thomas Jefferson says, in his statement to his council, of facts 
relatino- to Edward Livingstone, of the Territory of Orleans, 
taking'possession of the beach of the River Mississippi, adjacent 
to the City of New Orleans, in defiance of the general right of 
the nation to the property and use of the beaches and beds of 
their rivers, when Mr. L. instituted a suit personally agamst 
Jefferson, after his retirement from office, an action of trespass m 
the Circuit Court of the United States for the district of Virgmia: 
" The next step was to make an ostensible deed, to an ostensi- 
ble purchaser, a Peter de la Bigarre, a brother emigrant of Mr. 
Livino-ston's from New York; some old acquamtance. This 
was dated March 27, 1804, is expressed to be in consideration oi 
10 000 dollars, and conveys two undivided thirds of all that part 
or 'parcel of land, situate on the bank [sur la rive] of the river 
Mississippi, between the public road and the current of said river, 
&c., with a warranty. I call the purchaser ostensible, because, 
notwithstanding his pretended purchase, J. Gravier, on the 20th 
of October, 1805, [Rep. 1.] commenced a suit against the city as 
proprietor of the whole, and the court adjudged him propinetor 
of the whole; and because the same J. Gravier, [Poydr. 3] by a 
deed to the same P. de la Bigarre, in which no mention was 
made of the former, nor reference to it, conveys to him on the 
14th Dec. 1806, the batture Ste. Marie, along the whole hmits o 
his land, between the road and river, on condition that he shall 
pay all expenses of the suit depending, with 50,000 dollars m ad- 



70 

dition ; that the property shall remain unsold and hj'pothecated 
for the purchase money till paid, and that if the lawsuit fails, the 
sale is void, and Bigarre to pretend to no damages for non- 
execution. It is observable here that neither buyer nor seller 
risked anything. It was a mere speculation on the chance of a 
law-suit, in which they were to divide the spoils if successful, 
and to lose nothing if they failed. It was by our law a criminal 
purchase of a pretended title, 32 H. 8. 9. and equally criminal by 
the law of that territory, where I presume the provision of the 
Roman law is in force, ' qui improbe coeunt in alienam litem, ut 
quidquid ex condemnatione in remipsius redactum fuerit, inter eos 
communicaretur, lege Julia, de vi privata tenentur.' Dig. 47. 8. 6, 
4 Blackst. 135. ' Whosoever shall take part in the suit of 
another, so that whatever shall be recovered by the judgment is 
to be divided between them, shall be subject to the Julian law de 
vi privata.' By which law, ib. tit. 7. ^. 1. they were to lose one 
third of their goods, and be rendered infamous. The deed was 
not only criminal on it's face, but was void by an express law of 
the territory, [a law of Governor Unyega. Poydras 6. Eep. 25.] 
and so pronounced to be on the floor of Congress by their repre- 
sentative, because not executed before either witnesses or 
notaries. It was kept secret from it's date, till the day before 
judgment was pronounced, when the parties becoming apprised 
of the decision which was to be given, (for this was known at 
least on the 20th of May,) [Governor Claiborne's letter, May 20, 
1807,] produced it, for the first time, to the Notary, to be 
recorded. And the day after it's publication, the court, by the 
opinion of two members against one, [Examen 3.] adjudged the 
property wholly to the very man, who, if he had ever had any 
right, had conveyed away two thirds of it, before he brought his 
action, and the whole Mobile it was pending. 
Thomas Jefferson says, March 7, 1808 : 

" Until this question can be decided under legislative authority, 
measures have been taken according to law, to prevent any 
.thange in the state of things, and to keep the grounds clear of 
Intruders. The settlement of this title, the appropriation of the 



71 

grounds and improvements formerly occupied for provincial 
purposes to the same, or such other objects fs may be better 
suited to present circumstances ; the confirmation of the uses in 
other parcels to such bodies corporate, or private, as may of 
right, or on other reasonable considerations, expect them, are 
matters now submitted to the determination of the legislature. 
The papers and plans now transmitted, will give them such 
information on the subjects as I possess, and, being mostly 
originals, I must request that they may be communicated from 
the one to the other house, to answer the purposes of both. 

Portland, Aug. 1863. 
M. M. Sutler, Esq : 

I wish to enter a complaint against Gen. Shepley and his law 
partner, Mr. Dana, for treason against the Commonwealth, inas- 
much as they brought a suit into the Court of Equity for Capt. 
James E. Dockray and wife, against my husband, Henry Thurs- 
ton, and myself, and at the death of the bill, which occurred with 
the death of Mrs. Dockray, they revised the bill, when they- 
knew it was a violation of the law of God, and a violation of the 
Constitutional law of the State of Maine, and of the United 
States, thus to do. They knew my mother was living at that 
time, and by her marriage covenant was endowed with any 
property my father might leave at his decease, and that Capt. 
D. and wife had no right in any of the land, inasmuch as I had 
a warrantee deed from my father and mother, for which I had 
given them my note, and that Mrs. Dockray had given me a quit 
claim to any title to the land, (provided she had ever possessed any 
title,) and given mother a bond or life lease of the old homestead 
of which Capt. Dockray had taken a deed from my father, with 
a promise to return him a bond thereof, for a consideration of 
$1000, which he loaned my father. Messrs. Shepley and Dana 
knew thereby they would break up not only the contract be- 
tween Mrs. Dockray and myself, but they would thereby break 
up the bond or life lease to mother, and oW fmnily governmejit. 

MRS. JANE P. THUESTON. 



72 

I xvish to enter a complaint against Mr. "Wm. Boyd, for treason 
against the Commonwealth, and for perjury in the suit of Dock- 
ray and Thurston, in the Court of Equity, where he was a wit- 
ness. 



Portland, Aug. 1863. 
To his Excellency, Gov. Cobukn : 

I regret to enter a complaint against the parties named herein, 
but duty requires it at my hands. I have applied in vain to the 
prosecuting attorney, and other officers of the State, and officers 
of the United States, to attend to this duty, and, therefore, I am 
compelled to call upon your Excellency. The complaint I have 
to enter against Messrs. Shepley and Dana is for treason 
against the Commonwealth, by sueing my husband and myself, 
and breaking up the family government of my father. My com- 
plaint against William Boyd is for treason against the Common- 
wealth, in the same case, and for perjury, he having given false 
witness in the case. 

• I have also to enter a complaint against Judge William G. 
Barrows, Samuel Trask, and Daniel Fessenden, for treason 
against the Commonwealth, for breaking up, in violation of the 
State law, and United States' law, my husband's family, the par- 
ticulars of which I have given in two letters to your Excellency, 
bearing date of Aug. 27th and Aug. 24th. Not only the Con- 
stitution of the State of Maine guarranteed to my husband pro- 
tection to his property, but it guaranteed to him also to keep 
his contract of marriage, which his written non-cupulative Will 
showed. The Revised Statutes of Maine also confirm the right 
tO' my husband to make a non-cupulative Will in Chap. 84, Sec. 
18 : "A mariner at sea may dispose of his personal estate and 
wages without regard to the provisions of this Chapter." And 
a soldier in actual service can do likewise. 

Respectfully Yours, 

MRS. JANE P. THURSTON. 



p. S. A decree of distribution determining the shares to an 
intestate estate without previous notice is void. 

2d. No notice had been given as required by law, that the said 
Judge Barrows, (Probate,) would on the said third Tuesday of 
February, 1861, or at any other time, determine who were the 
heirs of the said Henry Thurston, and the shares of each in his 
estate, and to whom the same should be distributed, whereby the 
widow and children of the said Henry Thurston have been de- 
prived of a hearing before said Judge of Probate in regard to 
the distribution of said balance, and because said Judo-e had no 
right to make such determinations and decree without the notice 
specified in the statute. The fact that no previous notice of 
distribution was given is potent. The decree recites as follows : 
Notice having been given pursuant to the Order of Court on said 
account, and the same with vouchers produced being examined, 
(he disallows one extra charge of $10,25 on the taxes, also error 
committed in S. Trash's account by deducting from balance $29,- 
17, the amount of the taxes of my land, which was assessed to 
the estate of Henry Thurston) and the said Samuel Trask, Ad- 
ministrator, having made oath thereto : I do thereupon decree 
that the same be allowed and recorded, and it appearing 
that the above balance is not necessary for the payment of debts 
or expenses of administration, it is further ordered that said Ad- 
ministrator distribute the same among those entitled thereto un- 
der the statute of this State, regulating the descent and dis- 
tribution of intestate estates, said distribution to be specific so 
far as the property that came into his hands as Administrator 
remains in kind, and said Administrator being authorized to re- 
quire of the distributor the indemnity provided for his security in 
sec. 20th, chapter 65 of the revised statutes, and that an order to 
said Administrator issue accordingly. 

William G-. Barrows, Judge. 

Sec. 20th, chapter 65, says, "The Judge of Probate may au- 
thorize the Administrator to require of the payee a sufficient 
bond to refund so much of said sum as it may exceed such pay- 
ee's equitable portion, on final settlement of estate. 



74 

Judge Shepley to whom I had given a written power] to settle 
my husband's estate notified me the third Tuesday of February, 
1861, that Judge Barrows desired to see me at eleven o'clock at 
Probate Court to settle the accounts. My reply was, Judge 
Barrows told me, when I asked him if I could have my choice 
of names, if I brought some for commissioners "that he should ad- 
vise me not to come again till I had learned manners," therefore 
I should prefer not to go. And as the Administrator never had 
my husband's books, I could not see that he had any accounts to 
settle before the Judge of Probate. Judge Shepley inquired if 
I would have the settlement postponed, and I answered — " yes, if 
he pleased." The next day Judge Shepley told me the Judge of 
Probate settled the accounts, and Mr. Trask told the Judge^that 
he would take the highest commissions the law would allow him. 
Judge Shepley had no more power with Judge Barrows than I 
had. He told the honorable, wise Judge Shepley, when he 
spoke for me, that he, (Barrows) was Judge in this case. No 
such notice had been given as required by lav/, that the said 
Judge would at that time, or at any .other time, proceed to or- 
der distribution of said estate. When on the settlement of any 
account of an Administrator, there appears to remain in his 
hands any property not necessary for the payment of debts 
and expenses of Adminstration not specifically bequeathed, the 
Judge shall order the same to be distributed according to the 
will of the deceased, if any, so far as it directs ; otherwise accord- 
ing to the provisions of chapter 75. But no such order deter- 
mining who are heirs, and the share of each shall be passed un- 
til notice is given as provided in sec. 5th, chapter 71, revised 
statutes; relating to licenses for sale of Real Estate. The 
court could make no order determining who are the heirs of Hen- 
ry Thurston, and the share of each, until after at least fourteen 
days previous notice of the time and place of hearing was given 
personally, or by publication three weeks successively in such 
papers as the court shall order to all persons interested in the 
property to appear, and object if they see cause, unless by the 
written consent of all persons interested therein. There was no 
notice to anybody personally or by publication. Therefore the 



75 

whole doings of Judge Barrows in distribution is void. This 
case, and that about the land, decided by the court of equity — 
" that the bond my husband and I had given was binding, conse- 
quently ]\[rs. D, could recover none of that which she had deeded 
by quit claim to me," provided she had had a title to the land, and 
at the same time the court appointed commissoners to set off to 
Moses Gould two-sixths of the land, and the Commissioners 
notified me of the fact, that the Court had appointed them to 
set off to Mr. Gould two-sixths of my lot of land of six and a half 
acres, and 1 notified Mr. Rand, my counsellor, to have it post- 
poned till my husband's return, and Mr. Rand notified me 
that Mr. Gould agreed to wait till my husband's return and 
then the commissiojiers proceeded to run it out, without waiting 
for his return unbeknown to me, and " the proceeding is il- 
legal, and you cannot go behind the court" — reminds me of 
the little boy who came running to his mother with the inquiry : 
'mother is anything lost when you know where it is ?" "Why no, 
my son," "Well, I have dropped the tin pail in the well, and it 
has sunk to the bottom." The assessors don't forget to tax four 
times as much on the land as I paid before my father's decease 
sixteen years since, and call it on one-fifth, while it brings in no 
income, and when I expostulate how the court have placed me, 
the assessors reply, "well, the land is there, is it not ?" 

I have learned since writing the above that Hon. William 
Pitt Fessenden was counsellor for Captain Dockray and wife, 
and filed the original bill in equity. He dropped it when he 
was elected senator to Congress, and the bill was afterwards 
amended by Messrs. Shepley and Dana his solicitors. 

I have said previously that the land my husband and I deeded 
Mrs. Hersey, and which interest we afterwards purchased of 
her, I paid her, from the R. R. stock contained in the little trunk 
which my husband gave me ; all of that interest the commissioners 
have set off to my husband's children — one quarter to the girls 
and three quarters to the sons, caUing it one-fifth. 

I have said Mrs. Hersey's deed was a conditional deed. It 
was a quit claim to the said Mrs. H. from my husband and 



76 

myself " of a fifth part of a certain tract of land on Munjoy Hill, 
reserving to ourselves the choice of lots of said land when the 
same shall be run out and divided, and this deed to take effect 
after the County Commissioners, &c., and also until said land 
shall be divided into five equal parts by disinterested persons 
chosen by the parties." I claim protection from your Excellency 
inasmuch as the constitution guarantees protection to the prop- 
erty of the citizen, and hope soon to receive indemnification 
from the State of Maine. 

My brother J, refused to take a deed for himself and my 
brother S's. children as their guardiau for a fifth including a 
sixth, which he sold Mr. Gould, and Mr. Gould and Mrs. W ., 
my sister also, refused the same. But took a deed for one-thir- 
tieth and discharged us by receipts on our bond, and my brother 
sold me his thirtieth interest, and Mr. Gould refused a written 
ofi"er from me, to have the land run out by commissioners, and 
take a title to two-sixths from me, when I told him Judge 
Shepley wrote, and directed me to ofler it to him. Respect- 
fully submitted, 

Mrs. J. P. Thurston. 

P. S. Judge Barrows and Hon. W. Fessenden, are cousins 
and neither of them know the value of a mother's love or a moth- 
er's training, which it is my opinion accounts in a measure for 
my trouble through their instrumentality. 

J. P. T. 

Portland, July 20th, 1863. 
To the Hon. Mayor McLellan, and City Council and Alder- 
men : 

The undersigned respectfully petitions your Honorable Body 
to indemnify her for taxes illegally obtained from her by extor- 
tion, she being compelled to pay it to avoid being drawn into a 
law suit, notwithstanding her counsellor, Judge Shepley, told 
the collector (Mr. Palmer) and the purchaser (Mr. Richardson) 
that a sale would be illegal, and that it was illegal thus to sell, 
or to receive or deliver a deed, they persisted in it. You are 
respectfully referred to Valuation Books of Dec. 27, 1859, for 



proof of ray statement. You will there find that the whole 
estate was taxed to my husband deceased, notwithstanding I 
requested the assessors to give me a separate tax bill, so that I 
miglil; understand how much of the land on Munjoy Hill be- 
longed to my brother's children, as my brother, their guardian, 
had requested me to ascertain and inform him, and Mr. Trask, 
the Administrator on the estate of my husband, in his first account 
at Probate, (reference thereto being had,) paid the tax on the 
whole estate, as my husband had always previously paid the 
whole tax. 

The present Collector, Mr. Lord, copied for me the deeds of 
all my land on Munjoy Hill, which Mr. Palmer had made to Mr. 
R. M. Richardson, and Mr. Lord told me unless I paid the tax 
and interest, the deeds would be delivered in August. (Next 
month.) I therefore sold the estate to raise the money, and gave 
it to Judge Shepley, and he paid Mr. Lord or Richardson, not- 
withstanding he assured me it was illegal. I paid it rather than 
worry my life out by a law suit in defense, 

I protested repeatedly to the present collector, Mr. Lord, 
against the oppression of illegally attempting to hold, or to pass 
deeds that were void, and took the copies which he attested to^ 
(which I have yet as proof,) to the Legislature ; but the Judiciary 
Committee wrote me a letter referring me to the Judiciary of 
Portland. I applied to the Judiciary, and hence the petition. 
No question of ignorance of the illegality of the aforesaid act 
can be stated, if we take into consideration the whole tran- 
saction, from the fact that opposites could not each be legal. 
To illustrate, my youngest ward died in February, 1862. I set- 
tled as her guardian, at Probate Court, her estate, the third 
Tuesday of July, 1862, and by the Statute Law of Maine, three 
quarters of her estate passed from me as guardian. When I 
settled her estate I protested against paying the whole tax, and 
talked with my counsellor, Mr. Butler, against paying it, but he 
advised my paying it, so I did pay it. The following year they 
taxed me still with the whole tax, and increased it. I protested 
against it, and carried proof from attested copies from the Pro- 



78 

bate Court, hut the Collector persisted in his demand, and I gave 
Judge Shepley the money and he paid it, at the same time that 
he paid the aforesaid tax on my land. Afterwards Mr. Lord 
deducted the increase on the tax, as I showed him the assessors 
reduced the tax, in Board of Mayor and Aldermen, first year of 
my guardianship. 

Eespectfully Yours, 

MRS. JANE P. THURSTON. 

Read, and leave to withdraw granted. 

Attest : J. M. HEATH, City Clerk. 

In Common Council, July 20, 1863. Read, and leave to with- 
draw granted in concurrence. 

Attest : HENRY P. LORD, Clerk pro tem. 

To the Hon. Mayor, Aldermen, and Council of the City of Port- 
land : 

This six and a half acre lot, with a street of four rods in width 
running parallel with Congress Street through its entire length, 
to and below the prominade, (which crosses the lot,) to the bay 
shore I would respectfully offer to sell to the City for a com- 
mon, at a very reasonable rate, and to sell to the City the exten- 
sion of the street through my North Street lot, which is on a 
line with the aforenamed lot. Not a lot so desirable could be found 
in the City as this is, particularly if the Dyer heirs will sell the 
City the six and a half acres which my father sold to Mr. Lemue 
Dyer (deceased) and the Deering heirs, the adjoining lot on Con- 
gress Street, to and below the promenade, for a common. 

"With the exception of one-thirtieth, that being the interest 
that I deeded to my brother S.'s children for whom Brother 
J. is guardian. Reference to the Deed Book, page 

Last April my attention was called to an advertisement 
that one fifth of this six and half acre lot would be sold for taxes 
on one thirtieth of it, and I called on the collector and protested 
against it; but I thought my only remedy to extricate myself 
would be to send through Judge Shepley, whatever charge of 



79 

taxes might be assessed against me, and accordingly instructed 
him to pay any charge they might prefer against me, which the 
Judge did. The attempt to cover Mr. Trask's sin of charging 
$10 (see his 1st acct. of Probate corrected on taxes) more than 
the true tax bill, which I called Judge Shepley's notice to by 
showing the bill the assessors gave me, is the cause, in part, of 
this transaction, and as Mr. Trask was one of the City Council, 
or Alderman, and his brother-in-law, Mr. Fox, was City Solicitor, 
and I was told by Mr. L. that Judge Fox advised him to see 
my land, that he had a right to sell it. 
Respectfully, 

MRS. JANE P. THURSTON. 



Matanzas, Feb. 20th, 1858. 
My Dear "Wife : Your very kind letters of the 2d, and also 
of the 10th, I received yesterday. It is needless to say that I 
was rejoiced to hear that you were all so well and by your writ- 
ing quite happy ; that is good news indeed^ with the letter from 
Wm. Edward, all put together. I was very sorry that William 
E. did not mention George's name at all in his letter. I think, 
however, that he must be there with him, and hope to hear some- 
thing about him in your letter next mail, I have wrote to Capt. 
"Woodard at New York, for him to send them on here to meet 
me, if possible ; I am four men short and so are many other 
vessels, and no men to be had here at present ; they would 
come very acceptable now, I assure you, and besides it would 
be better for them to go with me, I could soon make officers 
of them both if they would be steady. I wish that I 
could be so lucky as to get them, but if I should not, I am 
thankful even to hear from them. There is no kind of doubt 
but George is there with William E., and perhaps may write me 
after he finds out where I am. I noticed, however, that he did 
not name a word about me in your letter, forgot it I suppose. Now 
for the news : Capt. Joseph Kinsman has got a freight for Europe, 
and I am still without one — my vessel being just one hundred hhds. 
too large. Never mind, I am going to take up with your advice, 



80 

and keep up a good heart, I will yet get a good freight. Capt. 
Joe's vessel happened to be just the right size to take this cargo 
that he has got ; if there had been one hundred |hhds. of it 
more, they would have taken my vessel ; but I am glad that he 
has got it, and I will have as good a one or better soon. You 
speak of my procuring a freight to the States ; that a low one 
I have been offered, but I must make some money to fetch home 
for the little girls and babi/, when I return. I assure you it is 
quite a hardship to be so long absent from those little girls that 
I am always thinking of. Last night, I dreamed of seeing you 
all; I flew home and left my vessel here, went to the front door, 
but could not get in, or on the walk, the front steps were tak- 
en down, I went to the back door and met you shaking a rug, 
you looked in good health, but very disconsolate, and only said , 
"Papa, where did you come from ?" I told you that I come 
home to see you ; met the two little girls they were rejoiced to see 
me, took me in, and showed me the baby sitting in the cradle ; he 
looked quite fat in his face, and had quite redish hair, and a large 
nose, and a beard on his chin, and did not look so handsome to 
me, as I had anticipated ; I do not recollect of seeing either of 
the boys, and of your speaking but once to me ; but the little 
girls were all talk, and the baby was laughing and "crowing" ; 
this you understand is all a dream ; but it was all reality to me 
until I awoke. I had just got your letters, and read them two 
or three times over, before I went to sleep. Now respecting the 
name of the baby, whatever suits you and the little gii'ls, that is 
the name I shall decide on. I am, however, well satisfied with 
his present name, Henry, particularly as you and the little girls 
appear to be fond of that name ; so if it is agreed by all, Henry 
Jr. shall be his name ; and I hope he will take after his good old 
papa, and always be a good boy. I have been asked a number 
of times since we bought the baby, "how many children have 
you .?" My answer is, I have six, and never saw one of them yet. 
Then the questioner will say, can it be possible I (they cannot find 
out the catch,) I have six children, and never see one of them. 
The catch is, I have six children, and one of them I have never 



81 

seen ; reverse it, I presume you now understand it. Now 
again, for the little girls. I received those beautiful little pa- 
pers that they sent to me, also the lock of curls of Henrietta, 
and Henry, Jr. Now I want a lock from my little Abbie Jane, 
and hope that I shall get it in mother's next letter. My love to 
you all, I long to see you, keep up good courage, it will be 
my turn to come home yet; and I anticipate taking a 
great deal of comfort; yet, my dear wife, I fairly pity you very 
much. I am well aware besides your sickness, that you have 
had a world of trouble with Charles, and your help, &c. I could 
see it on your countenance in my dream. You have done won- 
ders to stand it as you have ; and with all your sickness and tri- 
als, you always write me a word of encouragement in your let- 
ters. I must say truly that they put a new life, as it were, in me 
when I receive them. May God bless you for your goodness. I 
never will nor can I forget it ; the patience and kindness that you 
are possessed with. I will now write to Mr. Cushman. I hope 
that he will not deny you of what money you may ivant — I hav- 
ing none here that I can send to you. Perhaps Mr. Trask can 
pay you that note of $300, which is on demand. I shall send 
you some as soon as I can earn it. Respecting Charles, do what 
you think advisable as to school or store. More or less sickness 
prevails yet ; "Wm. Kinsman and his two mates have been sick — 
well nov»\ Everything you did is right respecting division of 
land, writing to boys, &c. Your affectionate husband, 

H. Thurston. 

To the Hon. Senators and Representatives of the State of Maine : 
We, the undersigned, citizens of Portland, Me., and vicinity, 
respectfully represent that the Constitution of the United States, 
and the Constitution of the State of Maine, guarantee to their 
citizens the right and protection to make and perform their con- 
tracts. See Constitution of the U. S., Sec. 10, 1: "No State 
shall pass a law impairing the obligation of contracts." Article 
1, Sec. 11, of the Constitution of Maine also reads: "The legis- 
lature shall pass no law impairing the obligation of contracts." 



82 

The present laws impair and make void the husband's contract 
or covenant of marriage, viz : " With the ring I wed thee and 
with all my worldly goods I endow thee, in the name of the 
Father, Son, and Holy Ghost, amen," and destroy and pervert 
the marriage covenant as instituted by our Creator, and recorded 
in the Sacred Writings, in Genesis and Mark 10 : 2 to 12th verse, 
by divorcing. Let the wife, at the decease of her husband, heir 
her husband's whole estate during her life, one-half in her oion 
right ; the other Italf, at her decease to be disposed of according 
to her husband's will, or to be heired by his relatives. The 
widow to be the administratrix, and guardian of all his minor 
children, without giving bonds. The same laws for the husband 
as for the wife. 



In the communication of the 25th Nov., ("To the People,") we 
argued that marriage was a Divine ordinance, instead of a civil 
contract] but that in either case it was impaired by the laws 
which are enforced in the State of Maine, although the Consti- 
tution of the United States, which is the supreme law of the 
land, says expressly, "No State shall pass a law impairing the 
obligation of contracts." In the old countries they consider 
marriage not only a Divine ordinance, and obey the sacred Word 
— " What God hath joined together let no man put asunder," for 
husband and wife are " no more twain, but one flesh,'''' — but they 
secure the wife as if it were a civil contract, by securing to her, 
at their mai'riage, one-half the estate. And the French Cana- 
dians, at the decease of the husband, allow the w-idow one-half 
in her own right, and a life-interest in the remainder of the prop- 
erty — at her decease to go to the husband's heirs, or according 
to his will; and if her death precedes her husband's she can dis- 
pose of half. In this Christia^i nation the property, by law, all 
belongs to the husband, and is subject to His Will, in violation 
of the Law of God and of the husband's covenant ; and divorces 
are granted for three reasons, viz : desertion one year, violent 



83 

treatment and adulteiy, by paying the Court twenty-live dollars. 
Gro ask the physiologist, if divorces are persisted in how long 
before the nation will become a nation of idiots. 

My husband's will was made, to conform to his covenant, in 
his absence at sea. I will now copy my husband's Will, after 
remarking that at the time of our marriage he gave me the keys 
of his possessions, and I always retained them ; and his four 
motherless children, who were between the ages oi four and ten 
years, saying to me, "I give you all; let us draw together, and 
save something for our old age." Now the law says I must sur- 
render all my husband has given me to the heirs of my husband, 
and take a dower therein ; and another is appointed Guardian, 
by the Judge of Probate, over the children that I have spent 
the strength of my best years in rearing ; and my family is bro- 
ken to pieces and scattered abroad, and the second (young) child- 
ren left witli insufficient means for me to rear them, when 
there was ample means left, and no debts. Here is the Will : 

Chesapeake Bay, Nov. 4th, 1855. 
My dear Wife : — I sent you my Policies of Insurance on the 
Sun Office, New York, for fifteen hundred dollars, on freight^ 
&-C. &c. The other, on the Atlantic Office, New York, for thir- 
ty-one hundred and twenty-five dollars on 5-32 of the barque 
Nelson Place. That is my interest. Take good care of them, 
and do not let them get burnt up. They will be paid to you 
of course, if anything should happen to me. Also, one trunk, with 
my name on it, deposited with Mr. Gould, Cashier of the M. *& 
Traders' Bank, Portland, deposited in the vault of said Bank, 
for safe keeping, containing valuables to the amount, say four 
thousand dollars, bonds and scrips, also will be handed you as 
my administratrix, and this writing will be the proof. 

Signed by me, HENRY THURSTON. 

Matanzas, April 18, 1858. 
:My dear Wife :— It is hard indeed for me to be so long sepa- 
rated—so long from wife and dear little children. Oh, it is lone- 



84 

some enough here. I cannot describe to you how much I miss 
your company, particularly on Sunday. / covM not possibly de- 
prive myself of all society, shut up in this lonesome cabin for 
months and months, if it were not for the idea that I am in the 
way of my duty, and that is to do all I can to make you and my 
dear little cldldren comfortable mfuture, while I am now able to 
go to sea ; and as I am every day growing older and failing, I 
cannot possibly stand it to go to sea a great while longer. I 
wish I could see you before I go this voyage, (viz : to Gotten- 
burg and Copenhagen, and return to Boston;) but as we cannot 
see each other, you must try to keep up a good heart, and I shall 
try to do the same. Take good care of yourself and the little 
girls and baby. I hope we shall all meet again. Please say to 
Charles, that I hope he will be a good boy, and never again be 
deluded away from his business b}^ idle boys, be kind to you and 
always take your good advice ; and then he will be sure not to 
do wrong. Your affectionate husband, 

HENEY THURSTON. 



Portland, May 25th, 1859. 
If I should be absent from home a year or more from the 
above date, Mr. Gould, Cashier of the M. & Traders' Bank, 
will please deliver to Mrs. J. P. Thurston, my wife, a small Trunk, 
deposited in the said Bank May 24, 1859, with my name on it. 

HENRY THURSTON. 

Judge Barrows appointed his friend, and cousin, administra- 
tor and appraiser, when I objected to both. They took the City 
Scrip from me when they took the apprisal, after taking down the 
No. of each in my presence, and returned on the Inventory the 
No. of one piece only of one thousand ($1000) dollars, and took 
oath that was true, when they had two pieces of one thousand 
($1000) dollars value. The three hundred and fifty ($350) dollars 
which I had in the house, they noted on their inventory, and they 
took a receipt from me that I would account for it when call- 



85 

ed for ; and the administrator soon called for it, and I gave it to 
him. After I had given it to him, I found that, also, was omitted 
on the Inventory. As soon as I perceived the Inventory was 
false I gave the venerable Judge Shepley the No. of the City 
Scrip, and told him my wish was to obtain it. If they would ac- 
knowledge and account for it, that would be satisfactory to me ; 
but I expected of course they would pa}^ the expense of searching 
it up. I kept Judge Shepley to look after it to the expense of 
seventy ($70) dollars. Now we come to the settlement of the 
barque E. A. Kinsman's accounts, of which ray husband own- 
ed one-eighth, Wm. Kinsman, master. She had made two voy- 
ages that were unsettled, and Samuel Trask was the barque's 
agent, or ship's husbandman. She was sold by Capt. Kinsman, 
and had not been settled for at my husband's decease. I can 
find no account in Probate Court, proving that he has settled 
those voyages, or for what amount she was sold. The barque 
Nelson Place made a voyage from Boston to Montevidio and 
back to New York, Nov. 1858 to June, 1859. My husband set- 
tled up the voyage in New York, and remitted the whole amount 
to Eufus Cushman, who was the ship's husbandman, and made 
up the accounts, leaving his portion of the profits in Mr. Cush- 
man's hands. No account of the disbursements of barque N. 
Place to Montevidio, and subsequently to Marseilles and back 
have ever been placed on file at the Probate Court. 

Now I, Jane P. Thurston, widow of Henry Thurston, and 
mother and guardian of his two minor daughters, of the ages 
of nine and twelve years, protest against the whole affair, viz : 
the Administration, on these grounds : 

Fir&t — Its illegality. There was no account to settle, but the 
two barques, of which S. Trask and Rufus Cushman were ship's 
agents and owners, and Wm. Kinsman was owner in the two 
barques, and the agent that had sold, but not settled for the 
sale of, the barque E. A. Kinsman, and an uncle to my foster- 
sons, that had taken no interest in them, but is now guardian of 
the youngest son. An interested party had no right to be ap- 
pointed to settle his own accounts, particularly after I had called 



86 

to see the Judge of Probate before he was appohitejd Adminis- 
trator, and at the time appointed by the Judge in his advertise- 
ment, to make known any objeetion. and I told the Judge that 
fact, and that I had no father or brother to consult. 

Bark N. Place's freight out to Marseilles amounted to $3,000, 
and after the bills were all paid $1,566 was remitted to Mr. 
Cushman, the ship's agent. The return freight was $2,450, col- 
lected by the owners ; and in the Administrator's first account 
he makes the estate debtor to Mr. Cushman's accounts $242,- 
89. My husband owned 5-32 of the barque, and sailed her for 
$40 per month, five per cent, primage, and his chronometer at 
$4,50 per month, six months, and Charles' wages as cabin boy, 
$10 per month. Mr. Trask never looked at my husband's account 
books to settle the account, and yet charged us three and five per 
cent, commissions, or $275 to settle the barque's accounts, and 
$8,242 in debt to the owners, on that voyage. 

Second. — I claim to settle on the ground of the marriage con- 
tract: "With all my worldly goods I endow thee," as my hus- 
band told me. A marriage is a contract, and like all other con- 
tracts must be founded on consideration. A mutual promise is 
a valid contract ; and when broken by either part}^, the party in- 
jured may sue for a breach of the contract; and to prove my 
statement is true, you are invited to look at the conduct and de- 
meanor of my husband and myself to each other, and by letters 
to each other; so that 3^ou will see there was a mutual under- 
standing that he gave me not only the business to transact, but 
to transact it to my satisfaction. 

Third. — Mr. Trask made misrepresentations. He wrote a 
form of petition to the Judge of Probate and told me to copy it, 
and to state that the little daughter was lame, and the children's 
ages, &c., and he would go with me to the Judge and state the 
case, and that it was unnecessary for me to take any person with 
me as proof. We met at Px'obate Court, as per appointment, 
but judge, if you can, of my surprise, after my stating through a 
writing, and verbally, the case, on Mr. Trask being asked wheth- 
er he had any remark to make, for him to make false statements. 



87 

For instance, that the sons had worked at trades for their own 
support since they were httle children, when the day previous 
Mr. Trask, as one of the owners, had refused Charles wages as 
cabin boy six months in the barque Nelson Place, and the six 
months previous he was allowed wages on board the same barque. 
But previous to that time his board was paid by myself, as I af" 
terward carried bills to show, while at Hebron Academy and in 
Boston, and he had been one year a clerk in a wholesale store, to 
the amount of five hundred dollars for the two years, without 
including his clothing, &c., for which we also paid, and George 
was chief mate. 

I hold that the State of Maine is responsible for what dam- 
age I have received in settling these accounts, or else the mar- 
riages are all void, and the clergymen responsible for administer- 
ing false oaths, when they require the husband to repeat, "with 
all my worldly goods I thee endow," after repeating, '-with this 
ring I thee wed." 

I use no implements of war to decide this contest, but simply 
leave it to the proper method of settling such things — the Sov- 
ereign Eulers of this country — the People — and expect that my 
little children and myself will be dealt justly with. J. P. T. 



PoKTLAND, November 28th 1862. 

To His Excellency^ Gov. IVashb^irn, and the Executive Council 
convened at the Council Chamber in Augusta^ December 
\st, 1862. 

Gentlemen : 

I herewith present a plan for the preservation of the Union , 
founded on the law of God, and the Gospel system of salvation. 
The same plan that I propose for the preservation of the union 
of families, I should advise for the preservation of the union of 
the States. It must be a woman, and she must be a widow, and 
a mother, and a step-mother, to devise this plan ; because a widow 
only could have fulfilled the law. 

It must be apparent to your enlarged and cultivated minds 



that the laws of the State of Maine make void the marriage 
covenant in two ways, viz : The husband covenants to " endow his 
wife with all his worldly goods," and the law makes void that 
covenant by giving her nothing but food and shelter during life, 
and at her husband's death a dower in the estate she has assisted 
him to acquire, his nearest relative being his heir, and the 
mother is put under bonds^ (if she can obtain bondsmen, and 
the consent of his children,) to be guardian of his and her own 
children. If the wife's death precedes her husband's she has no 
legal claim to the estate she has assisted her husband to acquire, 
and cannot leave to her children one dollar ; according to the 
law of Maine the marriage contract was void from the beginning, 
viz : " a contract based upon an unreasonable consideration is 
void." A gentleman that owned a spirited, splendid horse, would 
not make a contract to sell his horse for $1000, and allow the 
purchaser to take his horse without payment or security, if he 
knew the law did not secure to him the payment by some pro- 
cess, other than that of taking back his horse after being work- 
ed for years and worn out with service. Now the gentleman 
thinks not less of his lovely daughter, that he has spent thous - 
ands of dollars to rear and educate, than he does of his horse, 
and yet he gives his innocent, and I may add, ignorant daughter, 
ignorant of the law", in marriage without any security by law, 
indeed with a full knowledge himself of the law, that after being 
worn out in his service, she may be returned to him penniless, 
and with additional responsibilities. 

To illustrate, the only daughter of wealthy parents, twenty- 
eight years of age, told me a few weeks since that she had been 
married ten years, and had had six children, three of whom are 
dead, that her husband has provided nothing for herself or child- 
ren the entire last year. Indeed, for ten years he has not pro- 
vided for his family two years. 

Two months since a lady of twenty-three years of age told me 
her parents died in Illinois, and left her sole heir to their property, 
a farm which her husband sold for $10,000, and left her and her 
infant two and a half months old with the money to go in search 



89 

of business. He never returned to her, although he had appeared 
to be fond of her. I saw her child, it was two and a half years 
old, and can neither walk or talk. It is a palsied child and fool- 
ish. The mother is a very pretty, intelligent woman. When 
she first came here to seek her husband, the city paid her board 
awhile, now she works her own board and that ol her child. 

Now my plan to preserve the Union is to make the law con- 
form to the marriage contract, taking it as a civil contract. 
" With the ring I wed thee, and with all my worldly goods I en- 
dow thee," as one with the husband. Also to be kept according 
to the Divine covenant to be " no more twain," the husband and 
wife to keep their vows by being returned to each other as any 
person held to servitude is returned on requisition, &c. By the 
present laws no man has a legal claim to his wife, the legal con - 
tract being made void by the law. But the Divine covenant 
must not be broken. The ground on which we base our plan 
miust be that the State law of dower and divorce are void, being 
in violation of the United States lav?-^ " no State shall pass a law 
impairing the obligation of contracts," and the Constitution of 
the United States is based on the law of God, viz : " What God 
hath joined together let not man put asunder." The same may 
be said of the Liberty Bills and Emancipation. If the majority 
of the people of the North should vote in favor of the above, they 
would legally divorce the civil contract of our fathers, viz : the 
Constitution of the United States. But the Divine covenant as 
in the ordinance of marriage cannot be broken by the Constitu- 
tion of the United States, being recognized as the supreme law 
of the land, over the State law, the breaking of the civil contract 
amounts to this, that it lays the Judges of Probate, and all who 
violate the civil contract recognized in the Constitution of the 
United States to punishment for treason against the Common- 
wealth, the family government and the national government 
being precisely alike. Whatever action you would take to pre- 
serve the union of families, you must adopt to preserve the union 
of States. The 24th chap, of Leviticus contains one lesson. The 
.ten commandments contain a lesson, and the Acts of the Apos- 
tles in the history of Annanias and Sapphira, another. " The 



90 

secret of the Lord is with the righteous ; to them He will show 
His salvation." 

For a Christian nation like ours, no plan of salvation for the 
Union can excel the- gospel plan. The spirit of Christ is, " if 
thine enemy hunger, feed him." Zaccheus's spirit was, " if I have 
taken anything from any man by false accusation, I restore unto 
him four-fold." Christ said, " if a man trespass against us seven 
times in a day, and seven times in a day return and say I repent^ 
thou shalt forgive him even seventy-times seven." With this 
spirit, I shall forgive the Judge of Probate when he desires it, 
but that never will occur until he is tried for treason against the 
commonwealth, and sentenced to punishment. He broke up my 
family, and scattered my children, and wasted my substance, and 
I have solicited in vain every department of our national govern- 
ment for restitution or indemnification for the acts of the Jud^e 
of Probate, .Wni. G. Barrows. 

I come now, gentlemen, to you as my last resort, and I know 
I shall not fail to receive from you indemnification if you take my 
view of the matter. If the State sustain the Judge and do not 
indemnify me, they have no legal claim to their wives,' while the 
wife still has a legal claim to her husband, and precisely the same 
with the States. The States that break the contract have no 
legal claim on the government for indemnification, but punish- 
ment for treason ; while the loyal States that have not broken 
the contract have a claim on the disloyal. Free forgiveness to 
the penitent I would advise, and no foreign mediation. 
Respectfully yours, 

MRS. J. P. THURSTON. 



To the People of the State of Maine : 

Fellow Countrymen : — We are. taught in the Sacred Scrip- 
tures, " which is a light to our feet and a lamp to our paths," 
of a wheel within a wheel — by the observation of another of a 
battle within a battle, as at Fair Oaks, two soldiers, in the midst 
of the battle with the rebels, had a battle between themselves. 



91 

By observation we learn also of a fire within a fire, as in A. D. 
1838, previous to the union of the fire companies in Baltimore, 
two companies burning with hatred to each other, would stop in 
the midst of a conflagration throwing water upon the blazino- 
building, and one company commence throwing brick-bats at'an- 
other fire-company, and fight each other, instead of throwino- 
water on the buildings, and fighting the fire. 

The Scriptures and the Constitution of the United States 
teach us that there is a law within a law, as there is a wheel 
within a wheel, and a battle within a battle, a fire within a fire — 
so also is there a law within a law — the law of the State within 
the law of the United States, and the law of the United States 
which is based upon the law of God, within the law of Grod. Oh, 
that I could hold the pen of a ready writer, and show you with 
my sight your condition ! But alas ! alas ! I can in my feeble 
attempts make but a very slight, if any, impression on your minds^ 

The Scriptures and the Constitution of the United States 
teach us that there is a law within a law. For instance, the law 
of the State of Maine reads, " All contracts for the performance 
of unlawful acts are void. A contract based upon an unreason- 
able consideration is void, A contract where the consideration 
is palpably insuffiGient for the performance of such contract, is 
void. When one party refuses to fulfil an executory contract, 
the other is entitled to an equivalent for damages. A contract 
which shows no consideration, is void from the beginning. When 
one of the parties to a contract makes a misrepresentation of an 
important fact, such misrepresentation, though unintentional, will 
entitle the other to rescind the contract." Thus the laws of 
Maine, make void the marriage contract, " with the ring I wed 
thee, and with all my worldly goods I endow thee" — and the 
entire contract is broken, for the husband gives no consideration 
for the performance of the contract. The husband gives nothing 
his contract being made void by the law, and " a contract without 
consideration is void." The law, not the husband, gives the 
" dower." The State law divorces husband and wife. The Su- 
preme law, the Constitution of the United States, reads, '' No 
State shall pass a law impairing the obligation of contracts." 



92 

" The Constitution of the United States, and the laws of the U. 
8. which shall be made in pursuance thereof, shall be the supreme 
law of the land, and the Judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State to the 
contrary notwithstanding." As the State law is within the 
United States law, divorces are illegal, and the wife and hus- 
band's contract, " with all my worldly goods," &c., is binding, 
instead of the law of " dower." 

The divine law reads, " Therefore they are no more twain but 
one flesh." " What God hath joined together let not man put 
asunder." The husband and wife have covenanted before God 
and witnesses to take each other for better or worse for life. — 
Malachi, 2 : 14 — 17 : " The Lord hath been witness between 
thee and the wife of thy youth, against whom thou hast dealt 
treacherously against the wife of his youth." I have searched 
the Scriptures in vain for permission to divorce for even adultery 
Your attention is invited to all references on the subject contained 
in — St. Mark 10:2 — 12; Matt. 19 : 3 — 7 ; Matt. 5:31; Deut. 
2-4:1; Gen. 1 : 27, and 5 : 2, and 2 : 24 ; 1 Cor. 6:16; Eph. 
5:32, and 19:9; Luke 16:18; Eom. 7:3; 1 Cor. 7:10 — 11. 
The word fornication signifies not adultery. 

Is there anything whereof it may be said, see this is new J 
Ex. 1 : 10. In my next communication I will tell you. 

MES. JANE P. THUESTON. 

Portland, Nov, 17, 1862. 

"When marriage occurs in France, the couple go before a mag- 
istrate, the mayor, and a written contract is drawn up, and tlie 
magistrate marries them accordingly Then the couple go be- 
fore the bishop, and are married according to God's divine ordin- 
ance — to be no more twain, but one flesh. 

Is it not clear to my readers that the law of dower makes void 
the contract, with the ring, &c. Is it not equally clear there was 
a misrepresentation on the part of one party ? Is it not equally 
clear that the consideration is insufiicient, to hold the wife with 
her services for life, without recompensing her as one with him- 



93 

self? Even the laws of the State prove the fact that a contract 
Avhere the consideration is palpably insufficient for the perform- 
ance of such contract, is void. On the other hand, the Judges 
have sworn to support the Constitution of the United States, and 
should be governed by the covenant and contract. For the 
Constitution of the United States says : " No State shall pass a 
law impairing the obligation of contracts." Otherwise no man 
in the State can legally claim his wife. Two views are taken of 
marriage. By the wife it is taken to be God's holy ordinance, 
and thus she marries, supposing herself one with her husband. 
By some husbands, or by the law, a different view is taken, like 
a signboard painted on two sides different colors. Thus sin is 
born into the world, and thence come wars. If a merchant from 
this port should send to sea a ship, and she foundered in two 
days on a hidden rock ; then he sent another, and she did like- 
wise at the same spot ; if he had a third vessel ready to sail, 
would he not give that spot or rock a survey ? Where are the 
watchmen on the walls of Zion, that they do not survey the rock 
on wdiich domestic happines is wrecked ? If sin progresses, and 
neither moral nor civil laws are enforced to restrain it, how long 
ere reason forsakes this nation ? Read physiology, and then visit 
the insane institutions and find the cause of misery. Even the 
Judge that feared not God nor regarded man, in the time of old, 
recorded in Scripture, heeded and answered the widow's prayer 
by avenging her of her adversary. Go thou and do likewise, 
Judges of Maine. The wise men of this country, after being 
reared by the fostering, tender love of mothers, go to the Legis- 
lature and make laws that make void their parent's covenants, 
and thereby insult the majesty of God's law. J. P. T. 



Is it not something new to see women become ambassadors 
for Christ ? To see her spend her strength, her time, her money, 
her energies, in beseeching Doctors of Divinity, Judges, Juries, 
indeed, the whole people of this Christian nation, to become rec- 
onciled to God's law ? Beseeching them to keep their covenantB 



94 

which they have made before God and witnesses by irrevocable 
vows, so that Grod may revoke His judgments. Teaching them 
that husband and wife are " no more twain but one flesh," and 
that " whosoever putteth away his wife and marrieth another 
committeth adultery," Mark x. One equal in every respect, as 
God and Christ are, that they are o}ie. Equal in all things, equal 
in estate, in their children, in the government of the family. 
Also the covenant of our fathers to keep the Constitution of the 
United States inviolate, that each State shall govern its own re- 
lations in all things, subject only to the Constitution of the United 
States, which is supreme law of the land. Teaching that it is 
treason against God's Law, and treason against the United States 
Constitution for her sons to go to the Legislature, and impair 
the covenants. In the first instance, to make themselves heirs to 
the estate which rightly belongs to their mothers ! Poor en- 
courao-emeut for mothers to nurture and rear sons thus to be- 
come their victims. It is equally treason for legislators to invade 
the rights of any State, to say whether that State shall j)ay their 
servants in money, or in clothes and raiment. Let us turn as a 
Christian nation and examine our hearts by the word of God 
Have we kept the ten commandments ? Have we followed 
Christ's teaching — " If thine enemy hunger feed him ?" Have 
we been like Ananias and Sapphira? Have we been like Zac- 
cheus — " The half of my goods I give to the poor, and if I have 
taken anything from any man by false accusation, I restore unto 
him four-fold ?" Have we forgiven those who trespass against 
us seventy times seven ? These are inquiries that lead to virtue, 
to God, to peace. How can we wonder if the people do degen- 
erate, if the children partake of the nature of the mother, and the 
liusbands instead of keeping covenant make slaves of their own 
wives, and then persist that the male colored slaves shall be made 
free, while the women as wives are slaves to them, and may be 
compelled to support themselves, through idleness of so-called 
husbands when the law remunerate their labors so sparingly. 



95 • 

QpERY. What penalty would bo attached to the crime of of- 
fering Judge Davis the letter of Hon. J. A. Peters, Chairman 
of the judiciary Committee, to read, and inquiring of Judge Da- 
vis after he had read the letter whether we have a Family Gov- 
ernment or not ? Particularly when His Excellency Gov. Co. 
burn referred me to the Judiciary for an answer. Judge Davis 
told me to-day if I did the like again he should take measures to 
prevent it in future. The letter of the Hon. Mr. Peters, was in 
reply to a petition to the Legislature for idemnification for the 
loss of my Estate. The Judge of Probate not having kept my 
husband's written Covenant or Will ; and a petition from citizens 
of Portland and vicinity for the Law to be made to conform to 
the Divine Covenant, and written contract of church marriage. 
My reply was. Well, Judge Davis, you see no man in this State 
has a legal claim to his wife. The divine ordinance of marriage, 
only, now bind husband and wife. Gov. Coburn advised me to 
apply to the Judiciary department of our Government for a so- 
lution to my question, whether the Judge of Probate could con- 
stitutionally deprive me of my Family Government and Estate, 
in violation of my husband's written Covenant or Will. 

J. P. THURSTON". 



If marriage be a civil contract,(as well a Divine ordinance,) by 
which the husband covenants to become one with his wife, in his 
estate and in his children, and the wife covenants as the mother 
of Solomon says, in Prov. 31, 10 to 13 verses, that she will do 
(her husband) good, and not evil, all the days of her life, and 
w^ork willingly with her hands, and that contract cannot bo con- 
stitutionally broken ; why not remove the Laws which arc on 
your statute books, which are in violation to that covenant ? 
In the old countries they consider marriage not only a 
divine ordinance and ohey the sacred words: "What God 
hath joined together, let no man put asunder," for husband and 
wife "are no more twain but one flesh." But they secure the 
wife, as if it were a civil contract by securing to her at their mar- 



96 

riage one-half the husband's estate — and the French Canadians, 
at the decease of the husband, allow the widow one-half in her 
own right, and a life interest in the remainder of the property; 
at her decease the life interest to go to the husband's heirs, or, 
according to the Will ; and if her death, precedes her husband's, 
she can dispose likewise of half by will or by hereditary descent. 
It is impossible, to keep the unity, in the bond of peace, with the 
present laws enforced; because you make slaves of yourwives — 
all the present laws allow that the covenant of marriage gives the 
wife is her shelter, food, and raiment, according to the husband's 
condition while they cohabit. It is time the women drew their 
sympathies home to the suffering condition of the wives and 
mothers of our dear New England. It is of vital importance to 
every mother to see that her daughters are bylaw better protected. 
Let us for a moment examine the laws ; as we can "speak 
that which we do know, and testify that which we have seen,'' 
and our witness is true, and we challenge Judge Barrows ^ an- 
swer to it. 

The Judge of Probate is not under bonds, but he is under 
oath, to keep the constitution, to discharge honestly and impar- 
tially his trust, and yet the bonds of the administrator and guard- 
ian are made holden to the Judge of Probate. See how it looked 
in my case. The maternal uncle, Wm. H. Kinsman, sets my 
step-sons in rebellion to maternal government, and why ? because 
he has selfish interests. We appealed to Mr. Trask and he offers 
to settle at once free of charge this voyage of the barque Nel- 
son Place so that we can satisfy the sons and prevent trouble. 
But instead of that he joins the uncle in rebellion. We notify 
the Judge not to appoint him administrator — but he heeds it not, 
but appoints him. We apply to counsel, he tells us " that an in. 
terested party cannot settle the account, and to notify him, that 
we will leave it to referees." But they had not the notice. Mr. 
Trask, under the sanction of Judge Barrows, as administrator 
and Mr.Fessenden, as appraiser, came to the house, and took our 
inventory, and took oath to the inventory. Take a false oath. — 
They keep back when they have them in their own possession, 



97 

city scrip SIOOO, money $350, which thoy received from my own 
hands, and which I fortunately had the number of when they took 
oath to that inventory, and not only take oath to that falsehood 
but place none of the assets from the barque's voyages to Mar- 
seilles from New York — $1566 was remitted to the ship's agent, 
from Marseilles, by my husband and self, but the $2450 freight 
back to Ne\V York remained in the bark, the hatches not having 
been taken off when we gave the charge of the bark to the Cap- 
tain, which the owners sent at our request, to take charge of her • 
No disbursements or accounts are to be found at Probate Court 
of that voyage, neither any account of the bark's subsequent 
voyage to Montevidio from New York to Rio Janairo, where she 
was condemned. Wm. H. Kinsman, was appointed by Judge 
Barrows, against my protest, guardian of my step-son, that I 
had reared, from the age of four years and three months, to the 
age of eighteen years. AVm. Kinsman gave bonds that ho would 
return to the Judge of Probate an inventory of the estate, but ho 
never returned any inventory, and the Judge knows one of his 
bondsmen has died since because he settledlfor his widow his es- 
tate. 

Tell me ye that understand business, how a person is going to 
know when he becomes of age, whether he had any estate left 
by his parents, if business is allowed to be thus transacted, and 
what remedy is there, for the sufferer ? Judge Davis told me I 
could apply to the legislature, which I did last winter and the, 
winter previous, at the expense of nearly all my time and money 
and the loss of a precious daughter of ten years and six months 
who took cold coming from Augusta in a snow storm, and what 
was the result, after all this suffering, affliction, and loss ? Why 
the chairman, Hon. Mr. Peters, told me that he would attend to 
my petitions, and transact it as well as if I remained in Augusta, 
and write me the particulars. I have his letter of four lines in 
reply, which I will not at present publish. The second letter, I 
will give a line from : "The Judiciary Committee, or Legislature 
can do nothing for you since Judge Barrows has been removed 
from Probate Court to Supremo Court." And why was my pe- 
7 



■ 98 

tition left from December, when I presented it, till the close of tlie 
session, unheeded? And Judge Barrovvs's relative (Judge Fox) 
vacates his seat, which Judge Barrows now assumes, the Gov- 
ernor said highly recommended. We read that a sailor for at- 
tempting to smuggle a barrel of molasses to defraud the Federal 
Government out of the duties is punished. But the Judge is all 
right in his treatment to me in upholding others in smuggling 
from my Family Government. 

George Jackson could take the poor sailor, over whom the 
waves and storms had beat, and who perhaps had a family of lit- 
tle ones, and entertain a complaint against him for his crime ; but 
could not and would not entertain one ao;ainst Judi^-e Barrows 
and Daniel Fessenden and Trask,who have no little ones to feed. 

My eldest step-son, who was under my fostering care from the 
age of eight to twenty-one years, after himself spending his Oth- 
er's hard earnings, has gone to the war, to help preserve the Na- 
tional Government. AVhen the National Union and Government, 
are founded on the system of the Family Union and Government 
of husband and wife, and the Family Union is founded on the 
systems of the Divine Unity, and the Family Government on that 
of God's Government. Where are all our learned collegians and 
theologians, presidents, professors, and students, that they cannot 
read God's law ? and obey it, by keeping their covenant ? 

J. P. THURSTON. 

Portland, April 11, 18G3. 

The Family Government is created by the union or vow taken 
at the marriage altar, therefore (says our Saviour) " they are no 
more twain but one flesh." Like the Divine Unity, which is not 
only the Government of God, but the only hope of salvation 
to fallen man is this keeping of the Covenant of redemption and 
grace, so the only hope of the preservation of the Family Gov- 
ernment,or family circle is the keeping of the covenant marriage, 
destroy or impair that covenant and you remove the basis, on 
which the superstructure is reared ; and like removing the foun- 
dation from a building, you must understand, it will fall to the 



99 

ground. God is speaking to-day to this nation of boasted intel- 
lect, culture, and wealth, in Hisjudgnients,wliich cannot be mis- 
understand, which a wayfaring man though a fool can under- 
stand, that you cannot break the Family Grovernment, which 
consists of husband and wife, and place that wife below her 
children, or other heirs of the husband, without breaking the 
Law of God, and being called by the Almighty to judgment such 
as the nation is now suffering for it. Trace cause and effect, and 
see the result, at the death of the husband, the wife stripped of 
her government of her children, and placed under bonds to be 
their guardian, if her children of 12 years choose her for guar- 
dian. See the Judge of Probate appoint his relatives adminis- 
trator and appraiser, and they enter the house of mourning, (while 
grief yet holds the household stupified,) and strip the widow 
and the orphan of the estate, on which there is not a dollar's 
debt, and her family broken up, by the Judge's appointing for 
Guardian an interested party, and an instigator of rebellion to 
maternal government, in order to enlarge his own power. And 
the widow and her little ones stripped of every dollar, of all 
the furniture, even to the infant's cradle, and thrown upon her 
own resources, the widow is compelled to hire money to feed her- 
self and little ones, for more than a year while the administrator 
and appraisers, have thousands of dollars that belong to her, 
from which they take such portions as they and the Judge of 
Probate see fit ! The widow in vain pleading to one source, and 
then again to another source for remuneration, and again, and 
again, to feel this crushing weight of sarcasm and ridicule, until at 
times, it seems as though life must yield to the trampling on the 
vital element of life. But the God of the widow never forsakes her 
when she casts her burden upon Him. She sees as it were the 
silken cord let down from Heaven, which she eagerly seizes, and 
to which she never relaxes her grasp. Therefore be ye wise, 
Judges, Legislatures — for who can withstand the power of the 
Almighty. List ye, to his words : " I have called and ye have 
refused (the widow's prayer) ; I have stretched forth mine hand, 
and no man regarded, therefore will I laugh at your calamity; 



100 

I will mock when your fear cometh." Eestore me to my Family 
Govermnent and my estate, as at the decease of my husband, and 
as my husband by this covenant and will placed me, and God will 
restore the National Government, and never-more will He thus re- 
store it, let you call a Fast every day, instead of year, until you 
do thus restore me. Because one man thinks his wife incompe- 
tent to be guardian of his children, and subjects her to the trou- 
ble of obtaining two bondsmen, that she will not forget her duty 
to her child ; it does not follow that my husband's will to the 
contrary should be disregarded, and the Judge of Probate assume 
a prerogative over me that neither my husband or the law of the 
State or the Covenant of marriage gave him, and thereby 
break up my husband's family, and scatter and destroy the hard 
earnings of a life of deprivations and hardships of 32 years, on 
the seas and in sickly climes, as master mariner. 

Art. 1, Sec. 5, in the declaration of Eights in the Constitution 
of Maine reads thus : 

The people shall be secure in their persons, houses, papers, and 
possessions from all unreasonable searches and seizures ; and no 
warrant to search any place, or seize any person, or thing shall 
issue without a special designation of the place to be searched 
and the person and thing to be seized without probable cause, 
supported by oath or affirmation. 

Whence came the power to Trask and Fessenden to seize and 
take possession of all my estate, even to the quilts I made before 
marriage, and the furniture and family Bible, and compel me 
to purchase them for more than their true value, after he had 
held possession one year, or he would sell them at auction ; and 
then charging me rent for the house, at the rate of $125 per an- 
num when the furniture remained therein ? "Whence came 
Trask's power to collect the insurance on the 5-32 of the bark 
Nelson Place, and freight ? Whence came his power, as an 
owner, to withhold from the estate the amount due my husband 
as master to and from Marseilles, and 5-32 interest in the bark's 
voyage ? Perhaps Judge Barrows can answer. 

Mr5. J. P. Thurston. 
Portland, July 8th, 1863. 



101 

NATIONAL DELIVERANCE ASCRIBED TO GOD. 

Lord, our fathers oft have told, 

In our attentive ears. 
Thy wonders in their days performed, 

And in more ancient years. 

' Twas not their courage, or their sword , 

To them salvation gave, 
' Twas not their number, or their strength 

That did their country save. 

But thy right hand, thy powerful arm, 

"Whose succor they implored, — 
Thy providence protected them, 
'Who thy great name adored. 

As thou their God our fathers owned. 

So thou art still our King ; 
O, therefore, as thou did'st to them. 

To us deliverance bring. 

To thee the glory we ascribe, 

Erom whom salvation came. 
In God our shield, we will rejoice, 

And ever bless thy name. 



Article 1, Sec. 22, Constitution of Maine, " No tax or duty 
shall be imposed without the consent of the people or their rep- 
resentatives in the Legislature." 

Without free agency there can be no accountabihty. 

The American Colonies struggled against the mother-country 
on the ground that taxation and representation should be insep- 
e rable. 

Mr. Lee wrote March 17, 1798, " I do not see that anything 
prevents widows having large property from voting. Perhaps 
it was thought that as all those who vote for taxes must bear 
the tax, none would be imposed except for the public good." The 



102 

Constitution of Maine, Article 2, Sec. 1, says, " Every male citi- 
zen of the United States, of the age of 21 years, and upwards, 
excepting paupers, persons under guardianship, and Indians, not 
taxed, &c., shall be an elector for Governor, &c.," add but the 
word " female," to the above, or drop taxation. Call for the 
payment of those taxes, on the following bills, when the lady 
votes; and return to her the taxes she has paid. 

Woman's Eights. — At the session of the Board of Aldermen 
yesterday, Mrs. J. P. Thurston made her appearance and re- 
quested her name to be added to the voting list ; insisting upon 
her right to vote as she paid taxes. The lady was not to be 
bluffed off by the Aldermen, and they took her name ; inform- 
ing her that she could call Monday afternoon, if she pleased, to 
see whether it was on the list or not. Fort. Daily Press. 



TAXES FOR 1863. 

Portland, July 28, 1863. 
On Taxes paid within 30 days after the above date (being the 
date of assessment) 5 per cent., or within 60 days, 3 per cent, 
discount will be allowed. 

HENRY P. LORD, Treasurer and Collector. 
Mrs. J. P. Thurston : 
Your State, County, and City Taxes, for the year 1863, 

amounts to $41.76 

Received Payment, 

Treasurer and Collector. 



Portland, July 28, 1863. 
Mrs. Jane P. Thurston, Guardian : 

Your State, County, and City Taxes, for the year 1863, 

amounts to #11.52 

Received Payment, 

Treasurer and Collector. 



103 

Portland, May 28, 1863. 
Eeceived of Jvliis. J. P, Thurston, guardian, 18 dolls., 25 
cents, for STATE, COUNTY, AND CITY TAXES, and 

Interest, for the year 1862, in the bills committed to me to 

collect, 

Amount of Taxes, $17.55 

Interest from Sept. 27, 1852, .70 



$18.25 
H. P. Lord, Treasurer and Collector, 



CITY OF PORTLAND. 

Treasurer's Office, May 28, 1863. 
Peceived from Mrs. J. P. Thurston, 11 Dollars, 15 Cents, 
being in full payment of Tax, Costs and interest, for redemption 
of Eeal Estate, viz : Land on North Street, in Portland, taxed 
to Estate of Henry Thurston, for the year 1860, and sold at 
Public Auction Aug. 31, 1861, by 

J. S. Palmer, Collector. 
J. T. Hull, H. P Lord, Treasurer. 



CITY OF PORTLAND. 

Treasurer's Office, May 28, 1863. 
Received from Mrs. J. P. Thurston, 26 Dollars, 83 cents, 
being in full payment of Tax, Costs and Interest, for redemption 
of Real Estate, viz : Land on Munjoy Hill, in Portland, taxed 
to Estate of Henry Thurston, for the year 1860, and sold at 
Public Auction August 31, 1861, by 

J. S. Palmer, Collector. 
J. T. Hull, H. P. Loud, Treasurer. 

evils of the church administration. 

Rates, or as the lawyers would say, fee bills, were ordained 
for every service performed by the priest, and without the pay- 
ment of the rate no ceremony was ever performed. But the 
arancel differed from the fee bill in this ; it fixed the minimum, 



104 

while the fee bill fixed the maximum, above which no fee could 
range. The rates as fixed, to say nothing of the higher ones to 
which the priest might raise them, were in nearly every instance 
so oppressive that the majority of the people, and especially the 
peo?is, who worked at an average of four dollars per month, were 
unable to pay them at all ; therefore they contented themselves 
with but two rites, baptism and burial. Matrimony was placed 
exclusively in the hands of the priest, and the fee varies from five 
dollars upwards, being seldom less than a tenth of all a man pos- 
sessed. The result has been that cohabitation by contract is 
more common than by matrimon}'', and more than half of the en- 
tire population are illegitimate. 



EXTRACT. — Jefferson's views. — relative powers of the general 

AND state governments. 

" "With respect to our State and Federal governments, I do 
not think their relations are correctly understood by foreigners. 
They generally suppose the former subordinate to the latter. 
But this is not the case. They are co-ordinate departments of 
one simple and integral whole. To the State governments are 
reserved all legislation and administration, in affairs which con- 
cern their citizens only, and to the federal government is given 
whatever concerns foreigners or citizens of other states ; these 
functions alone being made federal. The one is the domestic, 
the other the foreign branch of the same government ; neither 
having control over the other, but within its own department. 
There are one or two exceptions only to this partition of power. 
But you may ask, if the two departments should claim each the 
same subject of power, where is the common umpire to decide 
ultimately between them ? In cases of little importance or ur- 
gency, the prudence of both parties will keep them aloof from 
the questionable ground ; but if it can neither be avoided nor 
compromised, a convention of the states must be called, to ascribe 
the doubtful power to that department which they may think 
best." 



105 

KELATIVE POWERS OF EACH BRANCH IN THE GENERAL GOVERNMENT. 

"■ You seem to think it devolved on the judges to decide on 
the vahdity of the sedition Law. But nothing in the constitution 
has given them a right to decide for the executive, more than 
to the executive to decide for them. Both magistrates are equally 
independent in the sphere of action assigned to them. The 
judges, believing the law constitutional, had a right to pass a 
sentence of fine and imprisonment; because the power was placed 
in their hands by the constitution. But the executive, believing 
the law to be unconstitutional, were bound to remit the execution 
of it; because that jDower has been confided to them by the cori- 
stitution. The instrument meant that its co-ordinate branches 
should be checks on each other. But the opinion which gives 
to the Judges the right to decide what laws are constitutional, 
and what not, not only for themselves in their own sphere of 
action, but for the legislature and executive also, in their spheres, 
would make the judiciary a despotic branch." 

" If this opinion be sound, then indeed is our condition a com- 
plete /e/o de sc. For intending to establish three departments, 
co-odinate and independent, that they might check and balance 
one another, it has given, according to this opinion, to one of 
them alone, the right to prescribe rules for the government of the 
others, and to that one too, which is unelected by, and independ- 
ent of the nation. For experience has already shown that the 
impeachment it has provided is not even a scare-crow ; that such 
opinions as the one you combat, sent cautiously out, as you ob- 
serve also, by detachment, not belonging to the case often, but 
sought for out of it, as if to rally the public opinion beforehand 
to their views, and to indicate the line they arc to walk in, have 
been so quietly passed over as never to have excited animadver- 
sion, even in a speech of any one of the body entrusted with im- 
peachment. The constitution, on this hypothesis, is a mere thing 
of wax in the hands of the judiciary, which they may twist and 
shape into any form they please. It should be remembered, as 
an axiom of eternal truth in politics, that whatever power in any 
government is independent, is absolutely so ; in theory only at 



106 

first, while the spirit of the people is up, but in practice, as fast 
as that relaxes. Independence can be trusted no where but 
with the people in mass. They are inherently independent of 
all but moral law." 

INTERNAL IMPKOVEMENT, CONSTKUCTIVE INTERPRETATIONS, &C. 

" You will have learned that an act for internal improvement, 
after passing the houses, was negatived by the president [1817], 
The act was founded, avowedly, on the principle that the phrase 
in the constitution, which authorizes Congress to levy taxes, to 
pay the debts, and provide for the general welfare ; and this, you 
know, was the federal doctrine. Whereas, our tenet ever was, 
and, indeed, it is almost the only land-mark wliich now divides 
the federalists from the democracy, that Congress had not un- 
limited powers to provide for the general w-elfare, but were re- 
strained to those specifically enumerated; and that, as it was 
never meant they should provide for that welfare but by the 
exercise of the enumerated powers, so it could not have been 
meant they should raise money for the purposes which the 
enumeration did not place under their action; consequently, that 
the specification of powers is a limitation of the purposes for 
which they raise money. I think the passage and rejection of 
this bill, a fortunate incident. Every State will certainly concede 
the power ; and this will be a national confirmation of the grounds 
of appeal to them, and settle forever the meaning of this phrase 
which, by a mere grammatical quibble, has countenanced the gen- 
eral government in a claim of universal power." 

To the age of thirty-one years I was perfectly obedient to par- 
ental government. I then assumed a new position. The first 
lesson my husband taught me was self-reliance, and my relation 
to him as being entirely sovereign, and yet as being one with him. 

A profound thinker has said, " no married woman can repre- 
sent the female world, for she belongs to her husband. The idea 
of woman must be represented by a virgin." But that is the very 
fault of marriage, and of the present relation between the sexes, 



107 

that the woman does belong to the man, uistoad of forming a 
whole with him. Were it otherwise there would be no such 
limitation to the thought. Woman, self-centered , would never be 
absorbed by any relation, it would be only an experience to her 
as to man. It is a vulgar error that love, a love, to woman is 
her whole existence. She also is born for truth and love in their 
imiversal energy. Would she but assume her inheritance, Mary 
would not be the only virgin mother. Not Manzoni alone would 
celebrate in his wife the virgin mind, with the maternal wisdom, 
and conjugal afiections. The soul is ever young, ever virgin — 
and will not she soon appear ? — the woman who shall vindicate 
their birth-right for all women ; who shall teach them what to 
claim and how to use what they obtain ? Shall not her name be 
for her era, Victoria, for her country and life, Virginia ? She 
herself must teach us to give her the fitting name. It is not 
Woman, but the law of right, the law of growth, that speaks in 
us, and demands the perfection of each being in its kind — apple 
as apple, woman as woman — that her life be a beautiful, power- 
ful, in a word, a complete in its kind. Had I but one moment 
to live I must wish the same. I must beat my own pulse true 
in the heart of the world, for that is virtue, excellence, health. 
I stand in the sunny noon of life, objects no longer glitter in the 
dews of morning ; neither are yet softened by the shadows of 
evening. Freedom for woman, as much as for man, must be 
acknowledged as a right, not yielded as a concession. As the 
friend of the negro assumes that one man cannot by right hold 
another in bondage, so should the friend of woman assume that 
man cannot by right lay even well meant restrictions on woman." 

My father and my husband were men w^ho cherished a rever- 
ence for woman, and a firm belief in the equality of the sexes. I 
have no recollection of any willful act of disobedience to any 
command of either of my parents, during their life, and the kiss 
and dying words of my father, which were, " God bless you, 
Jane, you have always been a good girl," have ever been a so- 
lace to me since, and have amply compensated me for all my 
labor of love for them in their declining yeuis. Earth knows no 



108 

fairer, holier relation than that of a mother. (My mother was 
the fairest and noblest of all mothers.) It is one which, rightly 
understood, must both promote and require the highest attain- 
ments. My parents had twelve children, and they taught them 
obedience to family and to national government. How often 
did my father say " eternal vigilance is the price of liberty, and 
to that effect, advocate rotation in office ; speak of the danger 
of secret organizations, &c., as imperiling the liberties of a 
free people 

" And they are gone ; but we are here, 
The bulwark of the free." 

Tlie President of the United States is administrator of the 
Federal Government of the United States, and Governors are 
administrators of the Sovereign States, analagous to an adminis- 
trator of the family government, appointed at the decease of the 
presiding administrator, to wit : At the death of the husband, or 
the death of the wife, to administer the financial department; the 
husband or wife who survives, still being the sovereign ruler of 
the family government, the same as the people are the sovereign 
rulers of the States. The Administrator, Executive, or Presi- 
dent of the United takes an oath to support the covenant of the 
fathers, or in other words, the Constitution of the United States. 
The administrator of the family government gives bonds to the 
Judge of Probate, (who has taken oath to support the Constitu- 
tion of the United States,) that he will administer faithfully ac- 
cording to the law, which means, or ought to mean, according to 
the Constitution of the State and of the United States. The 
Constitution of the State and of the United States the Legis- 
lator takes his oath to support, and any law contrary to the 
Constitutions are void from the beginning. Both Constitutions 
say, " The Legislature shall pass no law impairing the obligation 
of contracts," and yet the law of the State of Maine impairs the 
divine and civil contract of marriage, and makes void the oath of 
the covenant of the wedded couple. Instead of the wife's being 
" endowed with the husband in all his worldly goods," she has a 



109 

dower therein, provided there are not false bills enough brought 
in to sweep it all away, or the husband does not spend it all during 
his life-time, and, instead of " delivering up by requisition," the 
husband and wife, " who are held to servitude" to each other for 
life, the law. divorces them. 



TRUE COURAGE. 
" Onward ! throw all terrors off ! 
Slight the scorner, scorn the scoff, 
In the race, and not the prize, 
Glory's true distinction lies. 
Stand in modesty alone, 
Still serenely struggling on, 
Planting peacefully, the seeds 
Of bright hopes and better deeds. 
Wait the swiftly coming hours. 
Fairer, green, and sweeter flowers ; 
Richer fruits will soon appear. 
Cornucopias of the year." 



Cherish your best hopes as a faith, and abide by them in 
action. Such shall be the effectual, fervent means to their fulfil- 
ment. 

" For the power to whom we bow 
Has given its pledge that, if not now. 
They of pure and steadfast mind, 
By faith exalted, truth refined, 
Shall hear all music, loud and clear, 
Whose first notes they ventured here. 



110 



M. M. BiJTLEE, Esq. : 

You are respectfully requested to indict Mr. Henry Lord, 
City Treasurer, for fraudulently collecting the above bills, when 
there was no tax on the Valuation Books against me, and de- 
manding and receiving payment of taxes for my deceased ward, 
after my protestations and proof that I had settled her accounts 
at Probate, and half her real estate by descent went to her half 
brothers, and one quarter to her own sister, and one quarter to 
her mother. 

It has been my pleasure and privilege since Aug. 1831, to be 
in full communion with the Calvinist Baptist Church, of Portland. 
It grieved me greatly that at the late annual Baptist association 
which met here a few weeks since, that a committee on the state 
of the County submitted, and was accepted, the following : 

Resolved. * * * " and recognizing American slavery as op- 
posed to the true interests of the nation; unjust to the race in 
bondage, and in violation of the precepts of our holy religion, 
therefore this Association beheve it to be a christian duty to 
pray and act for its removal, and to endure any further sacrifice 
of treasure and of life, rather than submit to a peace that shall 
enforce the claims of slavery again to the protection of the Na- 
tional Government." 

To endorse the sentiment quoted would be to dishonor my 
father, my grandfathers, and the fathers of the revolution. 
Washington said : 

" If I could have entertained the slightest apprehension that the 
Constitution framed in the Convention where I had the honor to 
preside, might possibly endanger the religious rights of any 
ecclesiastical society, certainly I would never have placed my sig- 
nature to it. And if I could now conceive that the general gov- 
ernment might ever be so administered as to render the liberty 
of conscience insecure, I beg you will be persuaded that no one 
would be more zealous than myself to establish barriers against 
the horrors of spiritual tyranny and every species of religious- 
perseciitiony 

The first commandment is : " Thou shalt love the Lord thy 



Ill 

God." The second is like unto it, " Thou shalt love thy neighbor 
as thyself." A new cotnmanduient I give unto you, that ye lovo 
one another. Ye know that ye have passed from death unto life, 
because ye love the brethren. 

" A goodjWife; G-od's gift; or, a character of a wife, indeed.' 
Prov. 18 : 24. 

" He who findeth a wife, findetli good, and obtainctli favor of 
God." In these words of King Solomon we may observe that 
the wisdom of God therein intimates to us these five particulars : 
1. The party commended — a wife. 2. The commendation which 
is given her — good. 3. The means^of compassing her, by seeking, 
implied in the word findeth. 4. The principle donor or giver of 
her — God. 5. The name and quality of the gift — a favor. 

By request. His Excellency, Gov. Coburn, returned to me the 
letters published in the foregoing pages, but with no word of 
reply. 

After reading the laws of the States, with regard to woman, 
instead of supposing that woman was of man, a part of himself, 
and the weaker vessel, whom they should protect by just and 
wise laws, they would think that woman was the natural enemy 
of man, and man as her antagonist had made the laws to protect 
himself against her. My experience has been that a widow 
must have great fortitude and energy to keep in existence with 
such laws. The widowed mother is put under bonds to be the 
guardian of her own children, and by law compelled to go be- 
fore the Judge of Probate, with her account and vouchers, or 
receipts, for his approval, which puts the expense of twelve dol- 
lars for her attending to each child for each time, while an uncle 
who is put also under bonds by the Judge, (from the fact that he 
is a man instead of a woman,) to be guardian, can take the stej - 
son out of the State, return no inventory to file at Probate Court, 
make no settlement with the Judge of Probate, and yet it is all 
passed over without a word or action thereon. Experience is 
said to be a dear school-master. My experience has been so dear 
that money could not purchase it, and yet I freely impart it with- 
out money and without price, for the benefit of the people of my 
beloved country. ^ 



112 

DEFINITION OF ENDOW AND OF ALL. 

To invest one with a right to an estate, or goods. 

All — Definition. Adj. (Comprehending the several parts of 
a whole.) The whole number or quantity ; the whole, everything, 
quite. 

With this ring I thee wed, and with all my worldly goods I 
thee endow. Viz : I thee wed, with this ring, and I thee endow, 
or invest in a right to all my worldly goods ? How much of a 
right ? An equal right with the husband, inasmuch as they are 
pronounced by the Almighty oweflesh. The children belong equally 
to'the parents. If matrimony is made less, it surely cannot be called 
holy. It is nothing more nor less than giving a life-lease of a daugh- 
ter, for her board and clothes. How little an innocent, pure-hearted, 
affectionate young lady perceives the sham, with a loving heart ! 
What docs she know or think of law, in her covenant with her 
espoused husband .? With a heart overflowing with affection, 
she voluntarily resigns herself, with all her powers of mind and 
fortune, to receive in return, a right of doiver of one third of his 
estate. The estate itself going into the possession of the de- 
ceased husband's niece, or nephew, (in preference to the wife,) if 
he has no other heir. 

Portland, January, 18G1. 
Hon. Judge Shepley — 

Wo believe the Personal Liberty Laws are void, inasmuch as 
they conflict with the Constitution, which was founded by the 
compromises and oaths of our fathers. It is a maxim in law 
that all acts are void that are unlawful. Then the oath of alle- 
giance to the Constitution takes the precedence of all, and since 
the Liberty Law, if put into execution, would annul the contract 
of the States' union, and that contract made by the oath of our 
fathers, cannot be violated ; for the oath is the most sacred of 
all things — or what hereafter could we ground our courts of just, 
ice upon. 

The President is administrator of the Federal Government, 
and takes oath to adhere to the Covenant or Constitution of the 
fathers. The Judge of Probate administers the Family Govern- 



113 

ment, (the administrator being subject to him,) and takes oath to 
adhere to the covenant of the husband and the Constitution — 
the Covenant being included in the Constitution they have taken 
oath to support, any State law to the contrary notwithstanding* 
and the Judge or President can be impeached and punished, and 
removed from office for a violation thereof, by the Legislature, 
and by Congress. 

A BETTER WAY. 

Do you blow into the coals and embers to put out the fire ? 
Why, then, reason or wrangle with an excited or prejudiced 
mind, in order to bring about conviction or reconciliation ? Have 
you ever known the eflfort to be successful ? Eecollect, if you 
can, a solitary instance. Madame de Stael remarks with equal 
justice and force, that the only eflfect of a strong argument on a 
heated mind is to awaken the desire to ansiver it. The combative 
tendency in the human mind is strong and universal as the law 
of reaction in material things. Controversy has never, within 
our knowledge, produced conviction, unless marked by the great- 
est mildness and courtesy on the one side, and extraordinary 
magnanimity on the other. " I was mistaken," " you have shown 
me my error," "your arguments have convinced me" — rare 
words these, among the hardest to pronounce in our language. 
In the very few instances in which we have heard them, they 
seemed to us to reveal a true and even sublime greatness of soul. 
But they are absolutely never heard in reply to bitter invectives, 
piercing sarcasm, or haughty assertions, or implications of supe- 
rior knowledge. 

We trust that we have made it sufficiently clear to the mind 
of each reader of this pamphlet that the battle is not yours, but 
God's ; but that He uses His people as agents to carry out His 
purposes. Many of His people have believed themselves doing 
God service in aiding the Emancipation cause, as the apostle 
Paul thought he was doing God service when he was persecut- 
ing the church, and bringing men and women bound to Jerusa- 
lem, until the Lord met him by a voice from Heaven, on his way 



114 

from Damascus, and said to him, " Saul, Saul, why persecutest 
thou me ?" And be answered and said, " Who art thou. Lord ?' 
And He said, " I am Jesus, whom thou persecutest." The words 
of Jesus, " But rise, and stand upon thy feet, and it shall be 
shown thee what thou shalt do," apply to God's people now, 
as then. If you will read the whole Pamphlet, the direction is 
pointed out to you, by the word of the Lord. That this people 
of sovereigns shall keep their covenant, and thereby preserve 
God's family government, which will also include God's national 
government. 



Charlestoavn, March 20th, 1853. 
My Dear Wife : 

I was disappointed in not having my vessel loaded as per 
agreement, and shall not get away until Monday next, that is to- 
morrow. I sent you on Friday a letter containing a check of 
fifteen hundred dollars, on Grocers Bank, Boston, drawn by Mr. 
Dana, which I hope you received safe. I shall enclose in this, 
Sweetsir & Norton's check to your order for $67,26 which I 
hope you also will receive safe. Deposit as the last, and write to 
Capt. Sweetsir if you have received the checks, all safe, if 
not so, he will stop the payment at the bank here, if they have 
been robbed out of your letters ; you will also write me to Ma- 
tanzas; if you received all safe, &c. I shall send to you all the 
bills which I have paid on the vessel, with my own money, for 
the owners, and want you to keep them all until I return, so that 
I can settle the voyage then, as I cannot] conveniently do it now. 
If I should not return by the 3d or 4th of May next, I will here 
state how I wish you to manage with the payment of my part of 
the draft, which I drew on Samuel Trask or the owners at 
Matanzas, to pay for the cargo of molasses purchased on owners' 
account. 



t 



115 

The draft is $6,283.48, and one quarter part of 

that for me to pay is $1,570.96. 

Bill paid by me on vessel at Boston and Matan- 

zas, is $593.77 

Owners' ci'edit, cash received, in Cuba, 51.00 



Leaving the amount paid by me, $542.77 

My one quarter part of the above bill deducted, 135.69 

$407.08 
My wages on the voyage, three months, $35 per 

month, $105.00 

My commission of 5 per cent on cargoes, out and 

home. 140.00 

$652.08 



$918.88 

Leaving this last amount that I owe to the owners, nearly nine 
hundred and eighteen dollars and eighty-eight cents. This is due 
the 1st of next May, and if they call on you when the draft be- 
comes due, you may give them a check for this amount, $918.88, 
and take a receipt for the same ; or if Mr. Samuel True should 
want what money you have in the bank, and give you his note 
on demand, with interest, you can let him have it if you like to 
do so. My vessel now is about loaded, and I shall go to-morrow. 
They give me twenty-five dollars more on the charter by detain- 
ino- me over Sunday. Harriet sent for me to show J's letter 
to Mary Ann Dockray, about the land. J. is doing wrong to 
play the game that he is playing, to get all the land into Dock- 
ray's hands. It is too bad, but I hope that you won't take no 
notice of it, whatever, as it cannot hurt you in the least. Let 
J. and Dockray work, but don't ever sell your claim to either 
of them ; they are both of them against you. I wish you could 
see the letter. I hope you will not take any notice of that at all ; 
take care of our own business, the land cannot run away no how, 
and don't neglect this important business of ours — the check 
papers, &c. &c. 



116 

I cannot say any more now. I expect to get your letter Mon- 
day, stating you received the letters safe. My love to all of 
you. I hope the baby has got nicely. 

Your Aifectionate Husband, 

HENRY THURSTON. 

Matanzas, Jan. 3d., 1858. 
My Deau "Wife : 

Since my last, of the 27th ult., by mail. I have found 
nothing, in regard to finding business for the vessel, but the 
holidays now being about over, I feel in hopes to be soon able 
to find something to do. I have received three letters from you 
as yet ; but the Northern Mail arrives from Havana to-day, and 
I expect to have one by her. This will make the fifth one I sent 
to you by mail, and one I sent yesterday by the schooner George 
Baron, Capt. Ford, which is bound direct to Portland. I also 
sent by this schooner, a barrel of oranges, marked H. Thurston, 
No. 18 Tyng St., Portland, on the head. The Capt. promised 
me that he would send them up to you, but I think you had bet- 
ter get Charles to look out for the schooner's arrival, and get 
them himself. Her cargo is consigned to Chase, Leavitt & Co., 
of Portland. She sailed from here on the 2d inst., and will pro- 
bably have sixteen to eighteen days passage. Those oranges 
you had best keep for yourself and children, when you get them. 
It still continues to be very sickly at Havana, and some sickly 
here. I feel very lonesome laying here, I asure you, and long 
to get something to do to get away from here. There are a 
number of vessels laying, waiting for freights ; some as long as 
five months ; but I think there is no doubt but we shall 
find something in all this month, to go somewhere, coastwise or 
foreign ; or at least, I hope so. I should like to know how you 
are getting along at home ; how your wood holds out, and if you 
can make out to find something to eat, these hard times, and 
what the little girls have to say about their baby, and if they're 
going to keep him until I get home, or sell him again. I expect 
I shall know something about all these things when I get your 



117 

letters, which I hope will be to-morrow. I wrote you in one of 
my letters, that I had, through mistake, brought off the book in 
my writing-desk, that had our home accounts in it, and sent you 
the number of our stocks, and notes &c., that would be of any 
use to you in case of loss, but for fear of the bills being mis-car- 
ried, I will send you another copy in this. Account of City 
Scrip deposited in the Manufacturers & Trader's Bank, in a 
small trunk with my name thereon, deposited in Oct. 1857, first 
City Scrip, No. 610, letter A, date 1850, to run twenty years,^to 
aid in the construction of Atlantic & St. Lawrence Railroafd, 
interest due August and February 1st, payable in Boston, $1000. 
The second piece is number 529, letter A, date 1850, 20 years to 
run, interest as above, payable in Boston, to aid in the construc- 
tion of Atlantic & St. Lawrence Eail Road, $1000. The third 
piece, No. 520, date 1851, 20 years to run, letter B, interest due 
Feb. and Aug. 1st, payable in Boston, this piece is $500. The 
fourth piece. No. 522, date 1851, letter B, has 20 years to run, 
interest due February and August 1st, payable in Boston, $500. 
This three thousand in City Scrip, $3000 ; one piece Railroad 
Bond, No. 698, date 1851, April 1st. letter A, interest due April 
and October 1st, this is for $1000. Also, Rufus Cushman's 
note, date of May 1st, 1847, payable on demand, with interest, 
$392.93. Also, Samuel Trask's note, payable on demand, with 
interest, date of June 17th, 1858, for $300, making in all $4692.93. 

Aifectionately yours, 

H. THURSTON. 

January the 5th, 1858. 
As the mail did not go I did not deposit this letter, and last 
evening I received yours of the date of December 19th, making 
four letters I received from you in all. I was quite discouraged 
before I received your last letter, but, after receiving your last 
letter I had a sleepless night of it last night, I assure you. For 
G — sake, how is it that Charles has left his place in these hard 
times, when everybody is so much distressed, and boarding out 
on my expense, when I am every day losing the little that I have 



118 

got in thirty years liard beating to isea, and the world of trouble 
I have had now with ray crew — five of them in jail and two run 
away, real pirates. I got my hands full here, and that Charles 
must be crazy. Notify Mrs. B. immediately, that I shall 
not pay any board for Charles after he left his place ; and have 
Charles put in the insane hospital, for he must be crazy, and 
nothing else ails him. With all my pains and kindness to them, 
I beheve they are bound to ruin me. Everything works against 
me, and I might as well give up now as any time. I hope that 
you will get well soon. 

Pittsburg, 1857. 

Dear Sister (Jane) : — Your letter came to hand this morning 
I have enclosed you $20. With regard to giving up anything 
which belongs to the old folks, do no such thing, it all belongs 
to you ; at any rate, my portion shall, you may rely on that ; 
BO do no such thing, you have the best right to it, after Dockray 
is paid ofi". I wrote to Father this week, urging him to 
dispose of that property on the hill, and make himself comfort- 
able ; do you join in, and should he sell, rely upon it, I will 
show him the propriety of giving you a portion of the same, and 
also mother. There will no doubt be considerable speculation in 
land, in consequence of the Railroad, and do not let him sell un- 
less he gets the whole in money, or a mortgage, as the Railroad 
affair will turn out a second Land Speculation, in my opinion. 

So good bye. Joseph, 

Fort Snelling, Nov., 1845. 
My Dear Sister: — I have this evening received your letter, 
and as the mail closes in the morning, I have only time to write 
you a few lines ; and let these few hnes be our most hearty wishes 
for your future welfare and happiness. I am not able, my dear 
Sister, to give you so good advice on such a subject as your own 
good judgment will dictate ; recollecting always that as long as I 
have, you must not let considerations of that nature enter into your 



119 

mind. That you deserve to be happy, I know, and that you 
may be as happy as you deserve is my sincere wish. Emily sends 
you the above ( check for $50,) and says she will write you be 
fore long. The Boy grows finely. Take care, Jane, of the Old 
Folks, for on you, you know, I place confidence that they will 
not be neglected; whatever you do, see that they want for 
nothing, as long as I can help it ; keep me constantly advised of 
their welfare. And now, good-bye, for the present. May you 
be happy, is the prayer of your affectionate brother, 

Samuel. 

Give Emily's and my love to father, mother, and all the family. 

N. B. — Should you require more, Jane, get it by all means ; 
get everything you want, and I will be responsible that it is paid. 
Do n't be niggardly without ostentation. 

Your brother, Samuel. 



Washington, Sept. 15, 1848. 

My Dear Sister : — Day before yesterday I received a letter 
from brother Joseph, in answer to one from me, submitting a 
proposition to be made to your husband, which I herewith trans- 
mit to you, as I am fully satisfied with it, and as Dorcas will 
doubtless agree to it. I really hope and trust it will be acted 
upon, and a matter, which I fully foresee, (unless settled,) will 
create coldness and estrangement among those who ought to be 
near and dear to each other, be settled without exciting feelings 
which ought not to exist among those who stand in the relation 
we do to each other. 

You well know, my dear sister, that the little that ought to 
have come to us, from our father, has gone to lawyers, to pur- 
sue an ignus fatus, created by feelings aroused in moments of 
passion, which in his cool moments, his good judgment told him 
were wrong. Let us try to avoid the evil that our father fell in • 
to, and settle our little difficulties in a brotherly and sisterly 
manner. I have written this letter to you, rather than to your 
husband, for the reason that I feel less delicacy in speaking plainly 



120 

to you, children of the same parents, than I would to one no 
blood relation to me, although nearly and dearly connected to 
you. 

I have almost preached you a sermon ; but I trust you will 
receive it in the same kindness of heart that dictated it. I am 
very anxious to have this matter settled before I am again or- 
dered on the frontier, wliich will probably be ere long. Believing 
that you are fully as anxious as we are to have this matter sat- 
isfactorily settled, and that the proposition is a fair one for all 
parties, I now give it to you in brother Joseph's own language, 
viz : " That the property (land on the hill) should be run out in- 
to Jive equal parts — that the first choice should pay $75 ; second, 
$50 ; third, $37,50 ; and fourth, $25 ; fifth, nothing, making a 
sum of $187,50, to be divided equally among the five, after de- 
ducting the costs of running out, deeds, &c. That you give to 
mother the amount received from the Eailroad Company, for 
right of way, &c. "We will give or take $150 for the lot and 
house opposite the observatory, pay the mortgage and divide the 
$150 among the four who are not the purchasers." 

By this arrangement you will see that it will prevent both 
H. and Dorcas from paying anything, if they choose to take 
the last choice, but will actually give them an amount besides 
'their share of the $150 for the house and lot. Should this pro- 
position be acceptable, and I cannot doubt but it will, I would 
earnestly recommend that it be done immediately, and thereby 
stop all further talk and feeling in the matter. As Dorcas is 
going on with mother, and Harriet is now to be consulted, you 
will, I trust, soon be able to settle this matter satisfactorily to all. 

Mother wrote me a day or two since that she should leave 
Baltimore with Dorcas, on Monday next, for Portland. 

Eemember me kindly to your husband, and all the family and 
friends, as well as Emily, who sends her love to all. 

Our boy is quite well, now, but does not walk yet. 

Let me know your determination as soon as decided upon, in 
order that I may make my arrangements. 

Your afiectionate brother, S. M. Plummeb. 

Mrs. Jane P. Thurstox, Portland, Me. 



121 

Washington, Nov. 13, 1848. 
My Dear Sister : — I have neglected answering your letter 
received some time since informing me of the division of the land 
on the hill, until I could hear from brother Joseph. I this morn- 
ing received a letter from him informing me that he had signed 
a receipt attached to the bond sent to me by Dorcas, and had 
forwarded it to Harriet, so that I now hope that the obstructions 
to a business which I must say I am ashamed to be engaged in, 
are now removed. You will perceive that the receipt signed is 
not the one signed by Dorcas, but one that I wrote myself. It 
does quite as fully, I believe, exonerate you from the obligations 
of the bond, (which, by the way, are nothing more than a lawyer 
trick to get money,) and relieves me from the odium which I feel 
I should ever attach to myself of not being able to deal justly 
by one born of the same parents, without being tied down by 
law. Tbe bond heretofore held by Mary Ann is now in my 
hands, and as the copy is now signed by us all, it is null, but 
will be sent to you if you require it. I have written to Mary 
Ann to have nothing more to do in this business on my account, 
but to pay the expenses of the deeds when they are made out. 
"With reference to the choice of lots neither Joseph or myself 
will trouble ourselves about them, if Joseph has not written 
about them, you can select your own, and leave us the balance. 
As to the money received from the railroad, I care nothing about 
it now. I have already, I believe, expressed my opinion as to 
what ought to have been the disposition of it, but as it had no 
eS'eet, let it now go, and I shall have nothing more to do with 
it. To guard against all contingencies, I would observe that if 
Joseph's and my receipts are not satisfactory, it will not prevent 
you from proceeding in the case of the others, and as our signa- 
tures or receipts have nothing to do with theirs, you can then 
give them their deeds, without any further action in the 
matter. In conclusion, I now again hope this matter is set- 
tled. It has been a source of annoyance and aggravation to 
me. It has served to estrange me more from my own kin than I 
could have imagined, and I heartily wish sometimes that the 



122 

whole of it would sink to the bottom of Back Cove. As to 
what may come to me — as for its value, it is so perfectly insig- 
nificant as it now stands, that I would throw my deeds into the 
fire, the m^oment they reached me, did not the precariousness of 
my profession render it a crime, in consideration of my family. 

The course that has been pursued in this matter, has been one 
of deep mortification to me; it has wounded my pride more than 
anything- that has ever happened. Since I have been of man's 
estate my word has been as good as my bond, heretofore ; but 
to think that my own kin should be the first to be suspicious of 
me, to tie me down by bonds and legal instruments, is a bitter 
pill to swallow, and I would not, for three times the value of this 
land, throwing in both the old house and the North street lot^ 
have had such feelings engendered in m}^ mind as this thing has 
done. I have done with the whole matter ; you have it entirely 
in your hands, and can do as you please ; of one thing I have 
made up my mind, and that is, that I will not be a party to any 
course that will serve to cany the grey hairs of our only parent 
with sorrow to the grave, and that during her life-time the mat- 
ter will remain as you see fit to leave it. 

I have not written the above in anger, but with what I deem 
proper feeling; proper, because I feel that as the elder brother, 
my opinions ought to have been of some little weight, and that 
at least the proposition suggested by the two brothers, and which 
I made to you, ought to at least have been entertained. 

I shall probably leave here in the course of a month or so, for 
the Eio Grande. Emily and the boy are quite well, and send 
their love to all, to which add mine. 

Very truly yours, S. M. P. 

Mrs. Jane P. Thurston, 

Portland. 



Washington, Nov, 13, 18-18. 
My Dear Sister (Dockray) : — 

I received the Captain's and yours, with the bond, this 
morning, and agreeably to your request, hasten to acknowl- 
edge it. 



128 

I must again offer to yourself and husband my best thanlcs for 
the interest and trouble you have taken for me in this affair ; 
and as I have learned from Joseph this morning that he has 
signed a copy of the bond sent to me by Dorcas, and by me to 
him, and that he has sent it to Harriet. I sincerely hope that 
this business is ended ; at any rate, I do not intend you shall be 
troubled any more on my account. I am not at all surprised at 
its annoying you so much, for I must confess it has almost an- 
noyed me to death, and that I would see the land sunk to the 
bottom of Back Cove, rather than to be again annoyed so much 
Both Joseph and myself have signed a receipt attached to the 
bond, such an one as I think the bond calls for, and if they do 
not see fit to be satisfied with it, the responsibility and odium be 
on their own head, for my patience is fast giving out. I am glad 
the Capt. has sent me a memorandum of the amounts he has 
paid for me. I would be much obliged to him if the deeds are 
made out, he would pay for their recording, &c., and I will send 
him a check on N. Y., for the whole, or he can take it from the 
amount he gets from Eogers, just as he pleases. 

Joseph writes me that they are all well at Pittsburg. lie is 
quite as disgusted as I am with this whole affair; as to the choice 
of lots, I care nothing about it, as it seems all to have been done 
on the principle, that the last comes first, they can choose for 
themselves, and leave the balance for Joseph and myself; of this, 
however, do not give yourself any trouble ; I shall write to Jane 
to this effect, and she and her husband can do now as they may 
see proper. 

I really wish mother would go to Pittsburg and live with Jo- 
seph ; she would be out of this scene of excitement, and would 
be much better contented, I know, after she became a little ac- 
customed to the place. I have written to Joseph to this effect. 
I wish you would tell her this, with our love, and further, that I 
should feel much better satisfied if she would go and board with 
one of her children, rather than live alone. 

I will most willingly pay her board if she will, and will consider 
it a favor if she will permit me to do so. Tell her that I cannot 



124 

see why she should trouble herself about this matter at all ; that 
I will never do anything to hurt her feelings while she lives — tell 
her I shall probably before long go to Texas, and that I shall 
feel far better satisfied to think and know she is comfortable than 
I would be to know she is living alone at her advanced age. 
Why is it that all our days are to be embittered ? We have 
struggled through poverty, sickness, and almost everything 
else, and now that we are able to be independent, come 
quarrels, crimination, and recrimination, about a mere pittance, 
left by a father, whose dying injunction was, " love one another.' 
But enough of this — the course being pursued will alienate us 
from each other, and we will be compelled to forget each other, 
for peace' sake. As the oldest of the family, Mary Ann, set the 
example, and let the whole affair drop, whatever may be done by 
us, do not meddle with it, but keep out of it, and attend to your 
own family, which I well know will require all your attendance. 
It will be a remarkable thing, if I cannot assert my rights, and 
maintain them, too, if necessary. I do not say this in any feel- 
ing, my dear sister, but because I think you have acted right aud 
nobly, just as you told me you would, and that it is time that I 
should fight my own battles, without using you as a breastwork. 

I have written more than I intended ; but my feelings have 
run away with me again. Mary Ann, let me repeat to you, 
do not have anything more to do with the affair; tell them, if 
they say anything to you that you decline having anything more 
to do with it ; refer them to me. 

Emily and the boy are very well, and send their love to all. 
Yesterday, for the first time, our boy walked across the room. 

I shall probably leave here in about two months. Give our 
best love to mother, and all the family. 

Truly, your affectionate brother, S. M. P. 

Mrs. Mary Ann Dockray. 
p. S. — Write soon. 



125 

Boston, Nov. 17th, 1848. 
Dear Aunt : 

I have received from Joseph the bond, duly signed by all 
the parties. You will inform me if it is best to have the deeds 
made out before your husband returns. 

I have written to Dorcas, but have received no answer as yet. 
You had better not let it be known that you have the bond ; then 
it will make no noise with Mary Ann. I think some of visiting 
you to-morrow, but am not quite certain. Write me on 
the receipt of this, and tell me when you expect your husband. 
Tell grandmother she had better come up and make a visit, if 
Aunt Harriet does not go to Portland. I am in a great hurry, 
therefore you must excuse this. Give our best respects to all 
enquiring friends. 

Yours truly, 

HUDSON HEESEY. 
Mrs. Capt. Henry Thurston, Portland, Me. 

Boston, Jan. 14th 1849. 
Dbak Sister : 

I have received the original bond from the Capt., and 
should have come to Portland, had mother not have come up 
and informed me of the course matters have taken. I am very 
sorry it has turned out as it has ; otherwise it might have been 
all settled. Joseph arrived in town last Wednesday morning, 
and will probably remain here until the last of next week. 
Mother has been quite unwell ever since she came up. Write 
as soon as you receive this, and let me know the state of alOfairs . 
All the family are well. My regards to your husband. 

Truly your Sister, 

HAERIET. 



Portland, Sept. 10, 1862. 
If my voice could be heard throughout our beloved, distracted, 
bleeding country, I would now raise it, and call upon my coun- 



126 

trymen — North and South — to listen to words of peace and 
good-will, for behold, I bring you glad tidings of great joy to all 
people, especially my own beloved countrymen. Ihavenoper- 
Bonal interest, but that of the welfare of my countrymen, in every 
section of it, North and South, East and "West. I would ad- 
minister equitably, justice and judgment, and thereby restore 
peace and tranquility to every city, village, and hamlet. I have 
suffered and fulfilled the laio, in every point or phase that my 
distracted country is passing through (except the bloodshed) in 
settling the estate of my father and of my husband ; and like 
" Joseph of old " may, in God's providence, speak to you under- 
standingly, words that shall be instrumental of saving the nation 
from utter ruin. Friends, countrymen, and legislators, will you 
listen to me. I guarantee if ten righteous men can be found in 
this nation, who fear the Lord and eschew evil, who truly believe 
the word of God, or, in other words, have faith in God's word, 
this nation can be saved, and strife and bloodshed cease, I was 
educated by a Christian mother in the love and fear of the law 
of God; and I was educated in the love and fear and knowledge 
of the laws of my country by my father, who was experimentally 
and thoroughly, or deeply learned in everything that pertained 
to the laws of his native country, (and of his parents and grand- 
parents,) and for which his love and patriotism was unbounded. 
To the praise and honor of my parents, I ascribe not only the 
knowledge and fear of the law of God^ i\n^ i\\Q knoioledge and fear 
of the laio of my beloved country, but also the love for the law of 
God, and love for the law — the constitutional law of my country, 
until it be repealed or annulled. Otherwise, we bring anarchy, 
disorder, and ruin, in the train of the violation of the law. Let 
us for a moment contemplate the state of our beloved country, 
so highly favored as to give to the people the right of sovereigns, 
the right to alter or change the laws in the manner prescribed by 
the Constitution of the U. S., (which is acknowledged by the 
oath of every officer, to support it as the supreme law of 
the land,) by the vote or decision of a majority of the whole peo- 
ple. If instead of resorting to that method of changing law, they 



127 

resist all laws that conflict with their individual interests and 
views, and civil officers, chosen by the people to execute the law,* 
should sympathise with the rebellious, and refuse duty, to bring 
offenders to justice, how long could popular government be sus- 
tained, if the law could thus be trampled on. 

How absurd for the South to resist the supreme law of God 
and the Constitution of the U. S., viz : " What God hath joined 
together let not man put asunder." The husband and wife, and 
also the States, are no longer twain, but one government, 
each alike, as they have taken their oath before witnesses. 
The National and the family government are united, before God, 
by an oath which cannot be broken, and are alike God's Family 
Governir.ent and God's National Government. The only possi- 
ble means of saving even a small remnant of this nation alive, is 
for the North and South to adhere strictly, inviolably, to the 
Constitution of the United States, and that includes the marriage 
contract. For the Constitution of the United States says ex- 
pressly, " No State shall pass a law impairing the obligation of 
contracts." The marriage contract is made by an oath before 
God and witnesses, for better or worse for life, and the wife is 
endowed by the husband as one with himself in all his worldly 
goods, and the law of dower, like the liberty bills, being unconsti- 
tutional, must be made void by removing them from the statute 
books of all the States, Suppose the South to be victorious in 
arms, it would only prove their military genius or strength over 
the North. The nation would be constitutionally still one gov- 
ernment. 



* Chap. 122, Sec. 4, Revised Statutes. Escapes by the misconduct of offi- 
cers and others. Sec. 11. If any officer authorized to serve process will- 
fully and corruptly refuses to execute any lawful process to him directed, 
requiring him to arrest or confine any person charged with or convicted of 
any offence ; or thus omits or delays to execute it, wherebj' the oflTender es- 
capes, he shall be punished by imprisonment less than one year, and bj' fine 
not exceeding five hundred dollars. 

Perjury Seel. Whoever, when required to tell the truth on oath or 
affirmation, lawfully administered, willfully or corruptlj' swears or affirms 
falsely to any material matter, in any proceeding, before any court, tribunal, 
or officer, created by law, or in any relation to which an oath or affirmation 
is authorised by law, is guilty of perjury, and shall be punished, if the per- 
jury was committed in any trial of a capital crime, by imprisonment for life, 
or any terra of years not less than ten, and if committed in any other case, by 
imprisonment not less than ten years. 



128 

If the South should argue a right to secede because of the 
" Hberty bill," their wives could do likewise because of this law 
of " dower," and that they, with their childreo, would not only 
secede, (even if they made the laws to conform to their contract 
by the removal of the law of dower,) but they would take up 
arms against their husbands and fathers, — that they have no 
legal or legitimate claim to them or their children. How absurd 
would it look for families to be thus arrayed in destroying the 
lives and property of themselves and their families. The longer 
they kept fighting the less their number and the poorer they 
would become ; and finally, to have any family government, they 
would be obliged to come to those terms. Thus it is with our 
National Government. The sooner we settle the difficulty by 
the Constitution of the United States, the better for the North, 
and for the South. It must be settled by the Constitution of the 
United States, or their family government is also broken up, and 
the longer you war the less your number, and the poorer you 
will become. Pray to the Lord to show you your duty, and 
perform that duty immediately. 

My countrymen. North and South : Declare to all the people 
a free amnesty for words and deeds throughout the country 
during the strife, and indemnify for losses. " Let him that is 
without sin, cast the first stone." 

J, P. THURSTON. 



To the Hon, Judiciary Committee of Maine, A, D. 1861 : 

The Committee to whom the Hon. John A. Poor, as agent 
for the author, gave a Plan accompanied with Pamphlets, en- 
titled " The Union of States, &c.. How they may be preserved," 
Jan'y '61, will please return that plan to the Hon. J. A. Poor, 
or the venerable Judge Shepley, or 8. H. Colesworthy, Esq., 
whose names, with other distinguished citizens, were on the plan 
as committee, to carry into execution that Plan, and obhge, &c. 

J. P. T. 
Portland, Oct. 6, 1862. 



129 

It was a frequent remark of my husband, daring the last year 
of his life, that great cliange had taken place in the people of this 
country, during the thirty-two years that he had the charge 
of a vessel. Then every man was honest, and he felt no anxiety 
that his Charter Party would have a clause to entrap him, and 
every man had a sense of honor, integrity, and honesty. Now, it 
seemed as though every man was watching his chance to overreach 
you. It was at Marseilles in the month of Sept., 1859, that he had 
the first attack of congestion or paralysis of the brain. It was the 
day before we commenced loading the barque for New York. In 
four weeks he was so far recovered as to be able to go with me 
to the American Consul, and obtain his consent for the mate of 
an American ship to ship as one of our crew, at $35 per month. 
He also signed a receipt, which I drew up, to do such duty as 
the Oapt. and ship most required. It was Saturday afternoon 
when we got all the bills of the barque settled, and took our 
clearance papers, money, &c., from the broker, and went on board 
the barque. The afternoon of the following day, a young man 
called and asked for the Capt., and presented a bill for $20, for 
ship's provisions three years previous. He told us the Consul 
sent him, and said if we did not pay it, to come to him again. I 
enquired if the Consul sent him to collect a bill on the Sabbath. 
He said he told him Saturday evening. I enquired why he did 
not present the bill when we first arrived. He said because he 
learned that the Capt was sick. I told him he was well for six 
weeks. I asked him to give me the bill to bring to the owners, 
and they would remit the money to him ; but he said no, and 
went away. The next morning as the ship was getting under 
weigh and the tow-boat had come to assist her out of the har- 
bor of Marseilles, the identical man made his appearance with 
his bill. He said the Consul sent him, and he should stop the 
vessel until it was paid. The deputy Consul had just been and 
left us a passenger, (who, by the way, the New York State At- 
torney should pay the passage for ; Mr. Trask on his accounts 
has given no credit for his passage money,) and had gone to an- 
other vessel, and was then in hailing distance. He came on board 
9 



130 

and I enquired if he sent the man. He said the man had never 
seen him or the ConsuL He enquired of the man what he meant 
by sa;^ng that he sent him. He answered him in French, and 
said I misunderstood him, that he could not speak EngUsh, and 
that I could not speak French; when he talked good English. 
He sent aft to me for the bill, and took French leave. I knew if 
I paid one false bill they could bring enough to take the vessel. 
But little did I think land-sharks stood ready to devour my 
estate, when I reached Portland. I objected to taking from Mr. 
Trask any of my estate until Judge Shepley should write a pro- 
test. Judge Shepley said it was unnecessary to write a protest, 
as I gave a receipt only for what I received. And told me that 
I could apply to the Legislature for Indemnity. 

I took $636 of the money to the Portland Savings' Bank, and 
they gave me credit for the amount, and I took the Bank Book, 
and went out, and on entering a neighboring bank, found the 
$636 in my purse. I went immediately back with the money, 
and told the Cashier, Mr. Noyes, and his son, of their mistake, 
and gave them the money, as an honest person ought to do. I 
drew from time to time, small portions of the monjy, as my ne- 
cessities required, losing the interest thereon, when I was allow, 
ing to my wards full interest thereon. The 2d of May, 1863, I 
called at the Bank, with my book, and desired young Mr. Noyes 
to allow me to draw $362, as I wished to pay the lady who was 
with me that amount, for some estate I had purchased of her. 
His father, at that moment, entered the Bank ; he said the sec- 
ond Wednesday of May they settled interest. I told him I un- 
derstood the interest commenced the first Wednesday of May 
and the lady wished to leave a large portion of the money on in- 
terest, that I did not wish to lose the interest of my money, nine 
dollars ($9). He said he would see. He gave the lady credit 
on her book for the amount she left in the Bank, with the words 
" transferred " from me to her. We both objected to the word 
" transferred " being thereon, as it was payment for guardian 
estate, and we thought some trouble might arise. But Mr. 
Noyes thought otherwise, and we went out of the Bank, but in- 



131 

stantly returned, and I told Mr. Xoyes I should prefer to lose 
the whole interest of $9 than to leave it thus ; that I wished him 
to do by us as he would by men. He said if I were a man he 
would send for an officer. I said I should laugh to see him do 
it. He angrily gave the lady a book without the word " trans- 
fer," on it. The next week I called for ray bank book, which I 
h iJ left for the interest to be placed thereon. I found he gave 
me credit for six dollars, instead of nine dollars. I asked the 
young man, the oldest being absent, to allow me to look at his 
books; he complied with my request, and I found on them, 

" transferred," from me to Mrs. . I told him he might 

take the whole nine dollars interest if he would draw his pen 
across the word " transferred ;" he refused to do it, and old Mr. 
Noyes met me in the street, and told me to come to the bank 
and take out my money. But it will be a long day before I will 
take out six dollars for nine, and leave the word " transferred,' 
on his books. I recollect, when a child, of a trader's serving me 
similarly, and I left the money and the article purchased on his 
counter, and went out ; the trader followed me and persuaded 
me to take the article and the right change, and I have ever since 
traded with him, and never again had cause to complain. I 
stand for principle in small matters. 

We have said that this nation has three distinct governments 
within it, viz : the Federal, the State, and the Family Govern - 
ment. If it is treason in one, to violate or infringe on the rights 
of the other, we are all verily guilty. God rules all nature 
by a fixed laws. Suppose one of the Heavenly bodies, for in- 
stance, the sun, should fail to observe the law which governs it, 
and should fly from its orbit, where would be the security for the 
existence of the moon and of the planets ? How long would 
the inhabitants of this earth be secure ? 

" A soul without reflection, like a pile without inhabitant, to 
ruin runs." 

Few people seem aware that a husband or wife can constitu- 
tionally make a requisition for an absconded partner, while the 



132 

clause remains in tlie Constitution of the United States, viz : 
" No person held to service or labor in one State, under the laws 
thei'eof, escaping into another, shall in consequence of any law 
or regulation therein, be dischai;ged from such service or labor' 
but shall be delivered upon claim of the party to whom such 
service or labor may be due," and if that clause is removed from 
the Constitution, the Statute Law has made void the Common 
Law of Contracts, the consideration being inadequate to bind 
the contract in marriages, and no man would have a legal claim 
to his wife. Abolitionism reminds me of the story of the hedge 
of thorns. Thomas A. was seized with a desire to see beyond 
the hedge of thorns he passed on his way to school ; so he cut a 
gap large enough, as he supposed, to crowd his little sister 
through ; but the briars tore her flesh, and she screamed, and 
brought to her rescue her mother. One more step forward and 
she would have been plunged into the bordering river, and been 
forever lost. 

Solomon says in his Proverbs, parents give unto children 
means and riches, but it is God that giveth unto them prudent 
and discreet women. The spirit of God counts not her a wife 
though she be usually so reckoned, when piety, honest}'-, sobriety, 
modesty, and wisdom, are wanting. A bad wife is as no wife, 
in God's account, and not without cause. Solomon's mother de- 
scribes her as not a good house-wife, only in the bouse, but a 
good wife also to her husband, who doeth him good all his days. 
Some may say, if such a wife is no wife, may a man then law- 
fully put away such a wife ? I answer, no ! There is a knot of 
God between you that cannot be unknit. God hath joined her 
unto thee either in mercy or in wrath, to be as he saith of Rulers 
either a nurse to thee or a scourge, and what God hath joined 
together let no man put asunder. 

I think to a careful reader of these pages, the point will be 
clearly seen, and the prospect also of the preservation of the 
Union, I have shown that if Mr. Boyd had not persisted in his 
falsehoods, the court would have dropped the suit, and my bus- 



133 

band might have survived and if the abolitionists will stop agitat- 
ing, the President will drop his emancipation schemes and go by 
the Constitution, and thereby preserve the life of the nation. 
The nation is now in convulsions, like the strong man suddenly 
seized with apoplexy. Call in the physician, and he will tell 
you very accurately how long, and how many convulsions he can 
endure. Remove the cause, if it be possible, he will tell you, 
and so we say of the nation. She is in convulsions, and has 
nearly reached her death throes; the 4th of March, 1865 wit- 
nesses her death, if the cause is not immediately removed. The 
Constitution of the United States must be recognized as the su- 
preme law throughout the States, North and South, to preserve 
her existence. If your neighbor's child stood at the chamber 
window of a house in flames, you would run, or send your son, 
to rescue it ; but if you knew the father of the child would throw 
gunpowder on you when you reached her, you would shrink 
back. Abolitionism is the gunpowder which is constantly being 
thrown in this flaming country. We need more independence, 
individuality, in this crisis. Let every man act as if his own fam- 
ily were in a blazing building. It makes but little difierence to 
me, who have so many loved ones on the other side of the river ; 
the icy chills of death have almost reached my own heart strings, 
as I have seen one after the other depart, yet I make this last 
effort to save the Ship of State, for I know there are those who 
earnestly desire the boon of life. I have seen the aged, the ma- 
ture, the youth, and the sweet, prattling child, all the nearest 
and dearest cherished objects of my affections depart, but amidst 
it all, at times with the chills of almost death in my veins, and a 
heart beating with pent up grief, I have felt to say from the 
heart, "Not my will, but Thine, God, be done!" 

" In the name of Jehovah our banner we raise, 

"With its stars and its stripes pledged anew to His praise ; 

'Tis the ensign of truth, 'tis the standard of right, 

'Tis the herald of liberty, union, and light. 



134 

Here at home, wilh one sky and one land, let it be 
Bui the flag of one people, harmonious and free ; 
From the north to the south, from the east to the west, 
With no treason to part us, no war to molest." 

Let not the North think to do by the South as they have done 
by their wives or widows for seventy-five years, to wit : break 
the covenant, take their estate, free the children, and bind the 
mothers, but the Lord says, " Better never to have made a vow, 
than having made it, to break it." Perform unto the Lord thy 
vows. 

The words of Judge S. were significant, when I told him Mr. 
Trask must be removed, for he was administering my husband's 
estate for himself and owners, and not for me. " Why, what 
would you gain to remove the administrator, while the Judge of 
Probate still remains ?" The same words apply to the adminis- 
trators of the fathers' covenant, the President of the United 
States, and the Governors, if they refuse to keep the Constitution. 
Samuel Pessenden, Senior, the father of Wm. P. and Daniel W. 
Pessenden, made the will, which would have robbed my father, 
who was the only surviving child of his father, of all his own, as 
well as all his father's estate, after he had taken the care of him 
and his estate, during his illness of forty years, and his mind had 
become weakened by age and infirmities. His father was a brother 
to the fiither of the late Governor Plummer of New Hampshire. 
I have often been told by my mother, who was distantly related 
to Gov. Morton, of Mass., of the loss of a large estate her grand- 
father Morton left, (nearly half of Plymouth,) by her aged grand- 
mother's ignorantly signing a paper at the request of Perez Mor- 
ton, the nephew of her husband, when he settled the estate, and 
she never recovered it. She told me also of the mothers of the 
revolution signing the pledge to dispense with tea, of which 
they were very fond, and the fathers of the revolution, in the dis- 
guise of Indians, throwing over into the sea, all the tea on board 
of British vessels in the harbor of Boston. 



135 i 

A sound wavS heard ia the dead of night, 

'Twas the tempest's angry roar ; 
And the waves beat wildly against the walls, 
Confusion reigned in the splendid halls 

Of that house on the sandy shore ; 
It was swept away by the rushing waves, 

And it's treasures were seen no more. 

My view of the position of National afiairs is this : The South 
is the wife, the North is the husband, President Lincoln is ad- 
ministrator for the husband, and President Davis for the wife. 
Another view is this : The husband (the North) elects] or adopts 
a son, the wife (the South) objects, on the ground that a son 
legally adopted, and his name changed by the legislators, gives 
him the inheritance of the estate or worldly goods her husb3,nd 
has, by his covenant or contract, endowed her with. The hus- 
band (the North) assures her he will make a will, but the South 
declares there is no security to the will of a husband when his 
covenant can be broken by the Legislature, and by the will of 
the Administrator thereof — the Judge of Probate and Presi- 
dent. She demands the covenant to be enforced by the Legis- 
lature and Congress, in the removal of the adopted son, before 
she will return to be an help-meet to her husband. The wife 
(the South) having adopted a daughter (President Davis), 
and separated, after taking a portion of the worldly goods. The 
war commences and party friends interfere by mediation &c., 
the wife yields thus far — remove the adopted son and I will 
remove my adopted daughter — make the laws conform to the 
covenant and I will return to union, husband, and duty. 

It is really ludicrous for a President of the United States, or 
for a Judge of Probate of this nineteenth century to say, and 
particularly to say it of the wise men of this country : 

" I am monarch of all I survey, 

My right there is none to dispute, 
From the center, all round to the sea, 

I am lord of the man and the brute." 



136 

But it is disgusting to hear the wise men promptly and 
crouchingly respond amen, so shall it be. Why don't the people 
call for a convention of the States, through Congress and the 
several Legislatures, and show to the world their determination 
to adhere strictly to the supreme law of the land — the Consti- 
tution of the United States. 

There is a remedy for every distemper in Government, if the 
people be not wanting in themselves. For that, there is no 
remedy. An error in the Legislature may be corrected by the 
Constitution ; if in the Constitution, it may be corrected by the 
people. 

New York, Dec. 22, 1858. 
Capt. Thurstox, Sir : 

If convenient you would obhge me very much by sending 
me that small amount I paid for George. I wrote you a few 
days since and sent you the boarding-master's bill, which George 
signed and told me was correct, amounting to $22, which I have 
paid, and have the boarding-master's receipt for the same, with 
one dollar lent George, will make the amount due me $23. 
Yours respectfully, 

D. WOODSIDE, 117 South St. 

Portland, Feb. 25, 1861. 
Mrs. Henry Thurston, 18 Tyng St : 

Please deliver to Mr. George H. Thurston a set of North 
Atlantic charts, belonging to the estate of the late Capt. Thurs- 
ton, and left in your possession, taking his receipt therefor, which 
shall be your voucher. 

SAM'L TEASK, 
Administrator of the estate of H. Thurston. 

Portland, Feb. 25, 1861. 
Eeceived from Mrs. Henry Thurston, set of North Atlantic 
Charts, belonging to the estate of my late father, Henry Thurston. 

GEOEGE H. THUESTON. 



137 

Portland, March 5, 1861. 
Mr. Geo. H. Thurston : Sir : 

The box containing the pistol, and also the bullet-mould 
and powder flask, were appraised together, and are all included 
in the term " pistol," in the inventory. You have a right to 
them all under my order to Mrs. Thurston, as well as to the box 
containing the quadrant. Yours, 

S. TEASK 

Mrs. Henry P. Thurston, to estate of Henry Thurston, Dr. 

1861, Nov. 26. For rent of house on Tyng St., from May 
9th to Nov. 26, 1861, at $125 per annum, 6 1-2 mos., $67.70 

Deduct on third, to which she is entitled as widow of de- 
ceased, $22.57 



Eeceived payment, $-45.13 

SAM'L TRASK, 
Administrator of estate of H. Thurston. 
Portland, March 9, 1861. 

If Mr. Talbot, as IT. S. Attorney, will make a complaint 
"against Judge Barrows, S. Trask, and Dun'l Fessenden," under 
the laws of the United States I will entertain it. 

JACKSON, Com'r. 

Boston, March 23d, 1857. 

Mrs. Capt. Henry Thurston, to Sally Batchelder Dr. 

For board, commencing Nov. 6, 1856, to March 20, 1857, 

4 weeks at 3.50, $14.00 

15 « « 3.25, 48.75 



$62.75 
Contra Cr., by cash, $10.00 

$52.75 
Received Payment, 

SALLY BATCHELDER. 



138 

Portland, March 27th, 1853. 
Capt. Sweetsiu : Sir : 

It is with mingled feelings of pleasure and anxiety that I 
confide George to your care. He is young and inexperienced, 
knows nothing of the w^orld more than his infant sister, and yet 
he will be exposed, somewhat, to its dangerous snares ; that is why 
I feel anxious. But it is with pleasure equal to the anxiety that 
I confide him to you, having every confidence in your fatherly 
care of him. Mr. and Mrs. K., also, are all that, I could desire 
them to be, so that George's prospect is very fair. I-hope 
he will give you perfect satisfaction, and remain with you till he 
is one and twenty. I have instructed him to study jxiur interest 
in all things; also a prompt and cheerful acquiescence in all your 
commands, which it is proper you should enforce. It is a source 
of wonder to myself that I should feel such a conflict as I do, in 
parting with George ; but filling as I have for nearly seven years, 
the place of both father and mother, (his father having a great 
portion of the time been absent from home,) of course has doubled 
ray affection and care. I have given him a few dollars to pur- 
chase omnibus tickets and hope he will not spend it for 
anything useless. I shall send him this week a new suit I 
have making for him. I have fitted him with everything he will 
need until his father returns. He seems very much pleased with 
the idea of entering your store, and I reiterate what I have said 
that I hope he will give you perfect satisfaction. 
Respectfully yours, 

J. P. THURSTON. 
Give my love to your wife and family. 

Sent by Hon. Judge Shepley to Mr. Moses Gould, 1860. " It 
is agreed that the partition of a part of the Coffin lot so called, 
situate on Munjoy hill, in the city of Portland, shall be set aside, 
being the same partition made on the petition of Moses Gould ; 
and that a new partition thereof shall be made. The lot to be 
divided is that part of the CoflBn lot conveyed by Moses Plum- 
mer to Jane Plummer, by deed dated May 2, 1840." 



139 

To all Covenants there are conditions. What are the condi- 
tions to the Covenant or Constitution of the fathers of the Rev- 
olution ? First, that each state should have their own sovereign 
rights, independent of every other state — that persons held to 
servitude, which includes husband and wife, as well as slaves, 
should be delivered up, on requisition, &c. AVhat penalty or 
bond is given as security to its performance ? The punishment 
due to treason, to the Legislature, the Executive and the Judi- 
ciary, who shall violate that covenant; for they take the oath 
to support the Constitution, and are guilty of treason if they 
violate it. But what can be done where there are none that 
doeth good? Why, let the people in Convention declare am- 
nesty to all, and indemnification to the loyal. Or you may fight 
till not one of your sons are left to possess your inheritance, 
without coming to a settlement of the national quarrel or mob. 
Look at half the women dying in consequence of sickness, 
brought upon them by their husbands violating their marriage 
covenants ; and the Omniscient eye is upon them. 



Dare to be right ! dare to be true ! 
T^ou have a work that no other can do ; 
Do it so bravely, so kindly, so well. 
Angels will hasten the story to tell. 

Dare to be right ! dare to be true ! 
Other men's failures can never save you ; 
Stand by your conscience, your honor, your faith. 
Stand like a hero, and battle till death. 

Dare to be right ! dare to be true ! 
God, who created you, cares for you too ; 
Treasures the tears that his striving ones shed, 
Counts and protects every hair of your head. 



140 

" Know all men by these presents, that I, Joseph Plummer, 
of Pittsburgh, Pa., as Guardian of Joseph Plummer, and Mary 
M. Plummer, minor heirs of Samuel M. Plummer, late of the 
United States army, deceased, have this day received from Hen- 
ry Thurston and Jane P. Thurston, of Portland, Maine, a quit 
claim deed, by which they convey to the said Joseph and Mary 
M. Plummer, one-thirtieth (1-30) part of a certain tract of land 
on Munjoy Hill, in said Portland, being the same land which 
Moses Plummer, late of said Portland, deceased, conveyed to 
Jane Plummer, now wife of [said Henry Thurston, by deed 
dated May 2, 1840. Now, therefore, in consideration of the 
premises, and of one dollar to me paid, as Gruardian aforesaid > 
the receipt whereof I hereby acknowledge. I, the said Joseph 
Plummer, in my capacity of Guardian as aforesaid, do, by these 
presents, release and discharge the said Henry and Jane P. from 
all covenants and agreements contained in their obligation dated 
the 13th day of May, 1848, and recorded in the Registry of 
Deeds, for the County of Cumberland, Book 213, page 204. So 
far as they, the said Joseph and Mary M. or either of them, are 
or may be concerned, and also from all claims and demands, ac- 
tions and causes of action, which they, the said Joseph and Mary 
M., or either of them, have or can have against said Henry and 
Jane P. Thurston, by reason of said obligation. 

Witness my hand and seal, at Pittsburgh, March 22d, 1859. 

JOSEPH PLUMMER. 

In presence of ) 
John Richardson. S 



" Know all men by these presents, that I, Dorcas F. "Wilbur, of 
Baltimore, Md., have this day received from Henry Thurston 
and Jane P. Thurston, of Portland, Maine, a 'quit-claim deed 
by which they convey to me one-thirtieth part of a certain tract 
of land on Munjoy Hill, in said Portland, being the same land 
which Moses Plummer, late of said Portland, deceased, conveyed 
to Jane Plummer, now wife of said Henry Thurston, by deed 



141 

dated May 2, 1840. Now, therefore, in consideration of the 
premises, and of one doUar to rae paid, by the said Henry and 
Jane P., the receipt whereof I hereby aclcnovvledge. I do by these 
presents release and discharge the said Henry and Jane P. from 
all covenants and agreements contained in their obligation dated 
the 13th day of May, 1848, and recorded in the Eegistry of 
Deeds, for the County of Cumberlaud, Book 213, page 204, so 
far as I am or may be concerned, and also from all claims and 
demands, actions and causes of action which I have or can have 
against said Henry and Jane P., by reason of their said obliga- 
tion. 

Witness my hand and seal at Baltimore, March 27, 1859. 

DORCAS F. WILBUR. 
In presence of ) 

John Q. A. Hekring. ^ 

" Know all men by these presents that I, Joseph Plummer, of 
Pittsburgh, Pa., have this day received from Henry Thurston 
and Jane P. Thurston, of Portland, Maine, a quit-claim deed, 
by which they convey to me one-thirtieth part of a certain tract 
of land on Munjoy Hill, in said Portland, being the same land 
v^^hich Moses Plummer, late of said Portland, deceased, conveyed 
to Jane Plummer, now wife of said Henry Thurston, by deed 
dated May 2, 1840. Now, therefore, in consideration of the 
premises and of one dollar to me paid, by the said Henry and 
Jane P., the receipt whereof I hereby acknowledge, I do by 
these presents release and discharge the said Henry and Jane P . 
from all covenants and agreements contained in their obligation 
dated the 18th day of May, 1848, and recorded in the Eegistry 
of Deeds for the County of Cumbei-land, Book 213, page 204, 
so far as I am or may be concerned, and also from all claims and 
demands, actions and causes of action, which I have or can have 
against said Henry and Jane P., by reason of their said obliga- 
tion. 

Witness ray hand and seal, at Pittsburgh, March 22, 1859. 

JOSEPH PLUMMER. 
In presence of > 
John Richardson. S 



142 

My dower was set oft' in the cottage house, with gas therein 
and I purchased the fixtures of the estate at their appraised 
value. Shortly after, the gas company presented me a bill for six 
months, metre rent. I declined paying it, and called on the 
President of the Company and told him I would pay interest on 
the value of the metre, but I could not aiford to pay metre rent, 
that the house was appraised twenty-five dollars higher on account 
of the Gas, and I doubted if the Company had a right to take 
out the metre, and that probably I should thereafter use so much 
gas as not to require metre rent. He said he would let me know. 
Shortly after he sent and ordered the metre taken from the 
house. 



One word (as Fanny Fern would say) for the children. In 
Liberia, we read, the widow is assisted by Government to rear 
her children. In this christian State of Maine, the widow re- 
ceives no assistance from Government to rear her children, and 
if the children absent themselves but twice (by truancy) from 
school, they are taken, between the ages of eight years and four- 
teen years, and are placed, without judge or jury, in a State 
Prison (called a Eeform School) for their minority. Query — 
Do the Trustees or officers enrich themselves by the number re- 
ceived therein ? 



It was doubtless the means (the sympathy for slaves) the Lord 
employed to liberate the women of this country from the oppres- 
sive laws, which she has striven and petitioned in vain to have 
lifted or removed from their necks. The Lord has heard the 
cry of the widow and orphan, " and has come to deliver them." 
He says to the Administrators of the National Government, (the 
President, Legislature, and Judiciary,) and to the administrators 
of the family government, (the Judges of Probate, and to the 
Judiciary of the legislature,) let all adhere to and keep inviolate 
the oath of the covenant of the fathers, when they framed the 



U3 

Constitution of the United States, which (oath to the covenanf) 
is the basis of the family government, and of the national gov- 
ernment, and the union of families and the union of States, alike, 
shall be preserved. 



Hon. Judge Shepley's reply to me, when I consulted him 
■whether to refer to the S. C. the decision of Judge Barrows, to 
distribute my personal estate, was significant, " I will not de- 
ceive you; it will involve you for years in a law-suit, and worry 
out your life, and eat up all your estate." His reply is applica- 
ble to the nation. The war is worrying out the life, and eating 
the whole estate of the nation. After the-Commissioners set oflF 
my " dower " my attention was called to objections signed by 
my eldest stepson, on the warrant. I asked him when he came 
home why he signed that objection. He said Mr, Trask took 
him to the Probate Judge and they told him to sign it — that I 
was trying to get everything away from him. I told him they 
wished to get us involved in a law-suit, to get the estate, and 
that I should prefer that he should take my thirds, which were 
set off in the house of their father, and allow me to take my 
own land. He said no more, and did nothing. 



" The charge of treason is one of very serious character, es, 
pecially in these times ; and I have therefore thought best to 
submit the complaint to you. M. M. BUTLER. 



144 

My object in oftering this treatise is the public good, and 
my apology for errors is the haste or quickness with which it 
was prepared and published. I had no thought of publishing it 
ten days since. 

Portland, Sept. 4, 1863. 



To the Hon. Ex Chief Justice, Ether Shepley — the true and 
tried Patriot, the Solomon of the Uuited States of America — this 
work is respectfully inscribed by 

The Authok. 






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